Citation : 2026 Latest Caselaw 815 Del
Judgement Date : 12 February, 2026
$~62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 12.02.2026
+ BAIL APPLN. 623/2026, CRL.M.A. 4788/2026 & CRL.M.A.
4789/2026
MOHD KHALID .....Petitioner
Through: Mr. Dalip Kumar Santoshi, Mr.
Mohan Paliwal, Mr. Munish Kumar
and Mr. Saurabh Kumar, Advocates.
versus
THE STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Mr. Sanjeev Sabharwal, APP for State
with SI Aayush Rajput, PS Jama
Masjid.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The applicant/accused seeks regular bail in case FIR No. 51/2017 of Police Station Jama Masjid for the offence under Section 135 Electricity Act, 2003.
2. I have heard learned counsel for accused/applicant and learned APP assisted by Investigating Officer/SI Aayush Rajput.
3. Broadly speaking, the allegation against the accused/applicant is that
BAIL APPLN. 623/2026 Page 1 of 3 pages
DN: c=IN, o=HIGH COURT OF DELHI,
c45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1 Digitally Signed 5570996b40f80cbd2eee60402c487965ff80 1e26fa, cn=GIRISH KATHPALIA By:NEETU N NAIR Date: 2026.02.12 17:59:28 -08'00'
Signing Date:12.02.2026 18:01:24 he was involved in theft of electricity and did not appear before the trial court till he was declared a Proclaimed Offender. The accused/applicant was arrested on 05.01.2026. Further, as reflected from record, the accused/applicant was earlier convicted for similar offence of electricity theft and 195 inspections were carried out at different premises belonging to the accused/applicant and his family, where theft of electricity was detected.
4. Learned counsel for accused/applicant submits that it is a simple case of theft in which he is in custody since 05.01.2026. Learned counsel for accused/applicant also submits that he is ready to pay the entire outstanding bill of Rs. 96,000/- approximately pertaining to this case.
5. Learned APP strongly opposes the bail application contending that the accused/applicant is a Bad Character of the area and involved in as many as 21 FIRs, many of which pertain to electricity theft. It is also contended that despite conviction for electricity theft in the case FIR No. 21/2013 of PS Jama Masjid, the accused/applicant continues to repeat the offence. In addition, learned APP submits that the accused/applicant is also involved in certain FIRs pertaining to extortion, robbery, besides Arms Act.
6. In response, learned counsel for accused/applicant submits that the alleged involvement in robbery is not relevant for deciding the present bail application, which pertains to electricity theft.
7. Considering the overall circumstances, including the antecedents,
BAIL APPLN. 623/2026 Page 2 of 3 pages
DN: c=IN, o=HIGH COURT OF DELHI,
afec45569af3962c6fb4835d435f97626c acca, ou=HIGH COURT OF DELHI,CID -
KATHPALIA 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5 Digitally Signed d15570996b40f80cbd2eee60402c4879 65ff801e26fa, cn=GIRISH KATHPALIA By:NEETU N NAIR Date: 2026.02.12 17:59:19 -08'00'
Signing Date:12.02.2026 18:01:24 especially conviction for the same offence for which the accused/applicant has been booked in the present case, I do not find it fit to grant bail to the accused/applicant.
8. Therefore, the bail application and the accompanying applications are dismissed.
9. Copy of this order be sent to the concerned Jail Superintendent for being conveyed to the accused/applicant immediately.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4af ec45569af3962c6fb4835d435f97626cacc a, ou=HIGH COURT OF DELHI,CID -
KATHPALIA 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d 15570996b40f80cbd2eee60402c487965ff 801e26fa, cn=GIRISH KATHPALIA Date: 2026.02.12 17:59:06 -08'00'
GIRISH KATHPALIA (JUDGE) FEBRUARY 12, 2026/dr
BAIL APPLN. 623/2026 Page 3 of 3 pages
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