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Delhi High Court
Kashinath Malik vs State, Govt. Of Nct Of Delhi on 27 February, 2026
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 27.02.2026
+ BAIL APPLN. 560/2026
KASHINATH MALIK .....Petitioner
Through: Mr. Ashok Kumar Panigrahi,
Advocate
versus
STATE, GOVT. OF NCT OF DELHI .....Respondent
Through: Mr. Sanjeev Sabharwal, APP for State
with Investigating Officer/SI
Narender Singh, PS Ambedkar Nagar.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case FIR No. 243/2024 of
PS C.R. Park for offence under Section 306/3(5) of BNS.
2. I have heard learned counsel for accused/applicant and learned APP
for State assisted by Investigating Officer/SI Narender Singh.
3. Broadly speaking, according to prosecution case, the
accused/applicant conspired with other co-accused persons in order to
commit theft in the house of the complainant de facto. One of the co-
BAIL APPLN. 560/2026 Page 1 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d
435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee
Date: 2026.02.27 17:00:15 -08'00'
accused persons namely Sanjay Malik joined the house of the complainant
de facto as cook/domestic help and thereafter all accused persons committed
theft of a number of articles and cash from that house. Further according to
prosecution, CCTV installed outside the house of the complainant de facto
captured the accused persons walking across the road, each of them carrying
a bag.
4. Learned counsel for accused/applicant contends that the
accused/applicant is innocent and has been falsely booked. Learned counsel
for accused/applicant seeks parity with the co-accused Jagbandhu Malik and
Sanjay Malik, who were granted bail by this Court by way of detailed
orders.
5. Learned APP for State strongly opposes the bail application on the
ground that adopting the same modus operandi, the accused persons
committed theft at other places also and this trend of joining the house as
servant and committing theft must be discouraged.
6. The prosecution has also filed status report dated 16.02.2026, which is
unusually lengthy and more in the nature of an appeal against the bail
granted to the other accused persons. It is stated in the said report that from
CCTV footage, the accused persons were identified and a secret informer
informed their addresses of Odisha. Besides that, the status report mentions
a number of allegations, which did not form part of the status report in cases
of the other accused persons.
BAIL APPLN. 560/2026 Page 2 of 4 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH KATHPALIA
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d435f9
7626cacca, ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee60402
c487965ff801e26fa, cn=GIRISH KATHPALIA
7. In response to a specific query, learned APP for State submits that the
only evidence against the accused/applicant is his depiction in CCTV
footage. No other evidence against the accused/applicant has been collected
in the investigation and the accused/applicant is in custody since 05.08.2025.
8. The only evidence brought against the accused/applicant being the
alleged CCTV footage, I have examined the analysis thereof in the bail
orders of the co-accused persons, copies whereof are Annexures P4 and P5
of the application. It would be apposite to extract the relevant portion of that
analysis, which is as follows:
"5. As recorded in the bail order of Jagbandhu Malik, the footage
shown on that day (which is shown by IO today as well) fails to
inspire confidence. For, that is not the footage of CCTV camera,
which is a stationary camera; the footage shown on last date as well
as today depicts a moving camera. Today for the first time, the
Investigating Officer submits that the said moving footage was
recorded by the head constable with his mobile phone. But if that be
so, one wonders as to why the head constable would not immediately
apprehend those boys carrying stolen articles, instead of making a
film.
6. During the course of dictation, the Investigating Officer has
also tried to explain that the footage shown on last date and today was
captured in a mobile phone from the screen depicting the CCTV
footage. But on this also, there is no clarity as to why the Investigating
Officer would capture CCTV footage from screen and present the
same in Court.
7. Moreover, even if that footage is accepted, the same nowhere
depicts faces of anyone; in the said footage, one person alone is seen
carrying backpack, after whom another person is seen walking with
red bag on his shoulder; there is no connection between these persons
and they are like anyone walking across the street. There is no other
cogent evidence against the accused/applicant."
BAIL APPLN. 560/2026 Page 3 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835
d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2ee
e60402c487965ff801e26fa, cn=GIRISH KATHPALIA
9. Considering the above circumstances, I do not find any reason to
deprive further liberty to the accused/applicant. Therefore, the bail
application is allowed and accused/applicant is directed to be released on
bail subject to his furnishing a personal bond in the sum of Rs.10,000/- with
one surety in the like amount to the satisfaction of the Trial Court.
10. A copy of this order be immediately transmitted to the concerned Jail
Superintendent for informing the accused/applicant.
11. Of course, nothing observed in this order shall be read to the prejudice
of either side at the final stage of the trial.
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4556
9af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570
996b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.02.27 17:01:05 -08'00'
GIRISH KATHPALIA
(JUDGE)
FEBRUARY 27, 2026/as
BAIL APPLN. 560/2026 Page 4 of 4 pages
