[Cites 4, Cited by 0]
Delhi High Court
Ravi vs The State Of Nct Of Delhi on 17 February, 2026
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 17.02.2026
+ BAIL APPLN. 753/2025
RAVI .....Petitioner
Through: Mr. Hem Chand Vashisht, Advocate
versus
THE STATE OF NCT OF DELHI .....Respondent
Through: Mr. Amit Ahlawat, APP for State
with SHO/Inspector Rajesh Shukla
Mr. Jitendra Kumar, Advocate for
complainant
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case FIR No.653/2022 of
PS Mayur Vihar for offence under Section 302/201/34 IPC.
2. The IO/Inspector Sanjeev Kumar has not appeared and it is stated by
the SHO/Inspector Rajesh Shukla that IO is on duty in the ongoing Artificial
Intelligence Summit. However, since the investigation file has been brought
by the SHO, having perused the same, I find no reason to adjourn the matter
any further, because this bail application remains pending since February
2025 and has come up before me today for the first time.
BAIL APPLN. 753/2025 Page 1 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557
Digitally Signed 0996b40f80cbd2eee60402c487965ff801e26f
a, cn=GIRISH KATHPALIA
By:NEETU N NAIR Date: 2026.02.17 18:11:54 -08'00'
Signing Date:17.02.2026
18:33:23
3. Broadly speaking, the prosecution case is as follows. On 24.11.2022,
one Surender Kumar, brother of the deceased Om Kumar lodged a missing
person complaint with the police. Thereafter on 28.11.2022, when ASI
Yudhvir Singh alongwith Surender Kumar reached Yamuna Khadar in the
course of inquiry of the missing report, one Vijay Kumar met them and
stated that on the night intervening 23.11.2022 and 24.11.2022, he saw three
persons coming in a golden colour car and after consuming liquor two of
them started beating the third person. Thereafter, Surender Kumar informed
ASI Yudhvir Singh that car of his neighbour Kartik (co-accused) fell in
Yamuna river and few persons got Kartik and the car pulled out of the river.
On 28.11.2022, dead body of the deceased was recovered from the Yamuna
river.
4. Learned counsel for accused/applicant submits that the
accused/applicant has been falsely implicated in this case only to solve a
blind murder. It is submitted that the accused/applicant is in custody since
08.12.2022 and prosecution is deliberately withholding its star witness Vijay
Kumar from the learned trial court.
5. Learned counsel for complainant de facto also has been heard and he
discloses that the complainant de facto Surender Kumar has filed a writ
petition for grant of habeas corpus for production of Vijay Kumar in Court.
That writ petition is pending scrutiny before the Registry of this court.
6. Learned APP for State submits that prosecution case rests on last seen
evidence, coupled with post-mortem report. Learned APP for State reads
BAIL APPLN. 753/2025 Page 2 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45
569af3962c6fb4835d435f97626cacca,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557
0996b40f80cbd2eee60402c487965ff801e26fa
Digitally Signed , cn=GIRISH KATHPALIA
Date: 2026.02.17 18:11:45 -08'00'
By:NEETU N NAIR
Signing Date:17.02.2026
18:33:23
over the statement of Vijay Kumar recorded under Section 161 CrPC.
7. The post-mortem report dated 29.11.2022 mentions that all injuries
present over the body were ante-mortem in nature and "fresh in duration".
As mentioned above, according to prosecution case, the deceased was last
seen alive by Vijay Kumar on the night intervening 23.11.2022 and
24.11.2022. In other words, even according to prosecution case, there was a
gap of about 06 days between the discovery of the dead body and the alleged
last seen circumstance; and the fatal injuries were fresh in duration.
8. It would be surprising to note that although in statement under Section
161 CrPC dated 29.11.2022, Vijay Kumar allegedly stated that he knew both
assailants by name, but in the corresponding Case Diary No. 31 dated
29.11.2022, Vijay Kumar did not name either of the assailants and simply
stated having seen two persons beating up the third person.
9. At this stage, I must add a cautious rider that on the above aspects, the
learned trial court shall carry out analysis independent of above
observations. The only purpose of above discussion is to ascertain if there is
some valid reason to direct further curtailment of liberty of the
accused/applicant.
10. 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
BAIL APPLN. 753/2025 Page 3 of 4 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: 2026.02.17 18:11:30 -08'00'
Signing Date:17.02.2026
18:33:23
of the Trial Court.
11. A copy of this order be immediately transmitted to the concerned Jail
Superintendent for informing the accused/applicant.
12. It is also directed that the accused/applicant shall not in any manner
whatsoever try to contact any of the prosecution witnesses, failing which
appropriate consequences shall follow.
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: 2026.02.17 18:11:17 -08'00'
GIRISH KATHPALIA
(JUDGE)
FEBRUARY 17, 2026/as
BAIL APPLN. 753/2025 Page 4 of 4 pages
