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Delhi High Court
Sanjay Malik vs State , Govt. Of Nct,Delhi & Anr on 2 February, 2026
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 02.02.2026
+ BAIL APPLN. 444/2026 & CRL.M.A. 3414/2026
SANJAY MALIK .....Petitioner
Through: Mr. Ashok Kumar, Advocate
versus
STATE, GOVT. OF NCT, DELHI .....Respondent
Through: Mr. Sanjeev Sabharwal, APP for State
with 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
Police Station C.R. Park for offence under Section 306/3(5) of BNS.
2. Broadly speaking, allegation against the accused/applicant is that he
conspired with co-accused persons and joined the house of the complainant
de facto as a domestic help, after which all of them committed theft of a
number of articles and cash from house of the complainant de facto.
According to prosecution, CCTV installed outside the house of the
complainant de facto depicts the accused persons, including the
accused/applicant walking across the road along with bag carried by each of
them.
BAIL APPLN. 444/2026 Page 1 of 3 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6f
b4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80cb
Date: 2026.02.02 17:25:41 -08'00'
3. The accused/applicant was arrested on 31.01.2025 and remains in jail.
According to the Investigating Officer, 92 stolen articles were recovered
from the accused/applicant, out of which, only 5 were identified by the
complainant de facto.
4. Learned counsel for accused/applicant refers to order dated
12.01.2026 of this Court, whereby co-accused Jagbandhu Malik @ Jagga
also was granted bail in similar circumstances.
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
BAIL APPLN. 444/2026 Page 2 of 3 pages
GIRISH Digitally signed by GIRISH KATHPALIA
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,
60402c487965ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.02.02 17:26:04 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:02.02.2026
17:44:09
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.
8. Considering the overall circumstances mentioned above, I find no
reason to deprive the accused/applicant liberty any further.
9. The bail application is allowed and the 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. Pending application also stands disposed of.
10. A copy of this order be immediately transmitted to the concerned Jail
Superintendent for informing the accused/applicant.
11. Of course, nothing discussed herein shall be read at the stage of final
trial to the prejudice of either side.
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3
962c6fb4835d435f97626cacca, ou=HIGH COURT OF
DELHI,CID - 7047638, postalCode=110003, st=Delhi,
KATHPALIA
serialNumber=d3e86796451ec45c07b5d15570996b
40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH
KATHPALIA
Date: 2026.02.02 17:26:19 -08'00'
GIRISH KATHPALIA
(JUDGE)
FEBRUARY 02, 2026
'rs'
BAIL APPLN. 444/2026 Page 3 of 3 pages
