[Cites 4, Cited by 0]
Delhi High Court
Mohd Faruq @ Raju vs State (Nct Of Delhi) on 13 February, 2026
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 13.02.2026
+ BAIL APPLN. 3713/2024
MOHD FARUQ @ RAJU .....Petitioner
Through: Mr. Anirudh Tanwar, Advocate.
versus
STATE (NCT OF DELHI) .....Respondent
Through: Mr. Amit Ahlawat, APP for State
with IO/Inspector Ramesh Kumar.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The applicant/accused seeks regular bail in case FIR No. 185/2016 of
Police Station S.P. Badli for the offence under Section 302/201/411/34 IPC.
2. I have heard learned counsel for accused/applicant and learned APP
for State assisted by IO/Inspector Ramesh Kumar.
3. Broadly speaking, the case of the prosecution, which is based on
purely circumstantial evidence is as follows. The first informant Pankaj
Mishra stated that on 20.02.2016, his maternal cousin Bindeswari Mishra,
who is a truck driver on Delhi-Kolkata route called him up at 04:30pm-
BAIL APPLN. 3713/2024 Page 1 of 4 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,
serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee
60402c487965ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.02.13 17:14:37 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:13.02.2026
17:22:57
05:00pm, that he was getting the truck unloaded at Maan Dharamkanta,
Libaspur, and they could meet there. At about 06:30-07:00pm, when he
reached the Maan Dharamkanta, Bindeswari was standing with two persons,
introduced by the latter as Faruq driver (the accused/applicant) and Lalman
painter. After speaking with them for about 15-20 minutes, the first
informant returned home. Next day (21.02.2016) at 02:30 pm, his maternal
uncle called him up to inform that truck of Bindeswari had not reached
Noida and that one Pramod had seen truck of Bindeswari being driven
towards Etah by some fat person and that phone of Bindeswari was found
switched off. After checking with few persons, the first informant and his
maternal uncle got to know that even Lalman had not returned at his place of
work and was expected to come there at 08:00am next morning. On the next
morning, the first informant and his relatives contacted Lalman, who tried to
avoid them and thereafter Lalman and the accused/applicant tried to run
away, so feeling suspicious, the first informant and his relatives
apprehended Lalman and the accused/applicant and called police.
Thereafter, as per prosecution case, the accused/applicant and Lalman got
recovered the dead body of Bindeswari and stated that they had sold away
the truck.
4. In order to connect the accused/applicant with killing of Bindeswari,
the circumstances relied upon by the prosecution side are the evidence of
last seen and the evidence of recovery of the truck and its Registration
Certificate etc.
BAIL APPLN. 3713/2024 Page 2 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c
6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID
KATHPALIA
- 7047638, postalCode=110003, st=Delhi,
cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.02.13 17:14:51 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:13.02.2026
17:22:57
5. Learned counsel for accused/applicant submits that he is in custody
since 22.02.2016 and till date, prosecution evidence has not been concluded.
It is contended that the chain of circumstances relied upon by prosecution
does not conclusively establish complicity of the accused/applicant.
6. Learned APP strongly opposes the bail application and submits that
PW Pramod is yet to be examined, so the accused/applicant be not released
on bail. It is also contended that the last seen evidence coupled with the
recovery of the truck and its documents as well as clothes of the deceased
clearly establish complicity of the accused/applicant.
7. So far as the pending testimony of Pramod is concerned, it is
nobody's case that Pramod had identified the deceased or the
accused/applicant as driver of the truck. Even as per prosecution case,
Pramod would depose only having seen one fat person driving the truck. So,
his testimony would not bring any change.
8. As regards the alleged recovery of truck, the disclosure statement of
the accused/applicant is admissible only to the extent of his knowledge
about the place where the truck was parked. As regards the documents of
truck, one also wonders as to why the accused/applicant having sold away
the truck would not deliver those documents to the buyer or destroy the
same.
BAIL APPLN. 3713/2024 Page 3 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb48
35d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.02.13 17:15:05 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:13.02.2026
17:22:57
9. So far as the evidence of last seen is concerned, even according to
prosecution, the deceased was lastly seen with the accused/applicant at about
07:00pm on 20.02.2016 and the dead body was recovered on 22.02.2016 at
about 08:00pm. It is nobody's case that after having been seen for last time,
the deceased was confined to some place.
10. Of course, on above aspects trial court shall carry out independent
final deliberations after concluding the trial but for present purposes, further
incarceration of the accused/applicant would not be proper.
11. 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.
12. A copy of this order be immediately transmitted to the concerned Jail
Superintendent for informing the accused/applicant.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4a
fec45569af3962c6fb4835d435f97626cac
ca, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5
d15570996b40f80cbd2eee60402c48796
5ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.02.13 17:15:18 -08'00'
GIRISH KATHPALIA
(JUDGE)
FEBRUARY 13, 2026/ry
BAIL APPLN. 3713/2024 Page 4 of 4 pages
