[Cites 8, Cited by 0]
Delhi High Court
Jitender Bhati @ Happy Through His ... vs State Of Nct Of Delhi on 17 January, 2026
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 17.01.2026
+ BAIL APPLN. 4571/2025
JITENDER BHATI @ HAPPY THROUGH HIS PAIROKAR AND
WIFE MS MONIKA JINDAL .....Petitioner
Through: Mr. Ravindra Narayan, Mr. Ranjan
Kumar and Mr. Vikas Kumar,
Advocates
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Sanjeev Sabharwal, APP for the
State with Inspector Jaspal Singh, PS
Burari
Mr. Umesh Sharma, Advocate for
victim
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case FIR No. 1360/2015
of PS Burari for offence under Section 365/302/201/120B/34 IPC read with
Sections 25/27/54/59 of the Arms Act.
2. On last date, after arguments were advanced by learned counsel for
accused/applicant and by learned APP, adjournment was requested by
BAIL APPLICATION 4571/2025 Page 1 of 4 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15
570996b40f80cbd2eee60402c487965ff801
e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.17 16:15:09 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:17.01.2026
16:20:41
complainant de facto as he wanted to engage a counsel to assist the learned
prosecutor. Accordingly, today I have heard learned counsel for
accused/applicant and learned APP for the State as well as learned counsel
for complainant de facto.
3. Broadly speaking, the prosecution case is as follows. On 29.10.2015,
the complainant de facto lodged a missing report as regards his brother
Pawan Kumar. Thereafter, on 01.11.2015, FIR was registered by police on
the statement of the complainant de facto that his brother Pawan had not
returned home; that on 28.10.2015, Pawan had left home at about 04:00pm
to manage the accounts as he used to give money on loan; that before he left
home, Pawan had received a phone call from Jitender @ Happy (the present
accused/applicant); and that Pawan had not returned despite missing report
dated 29.10.2015, so he suspected that Pawan was abducted by Jitender @
Happy and his brother Narender @ Pappan, with whom Pawan had
exchange of hot words over money dispute on 27.10.2015. Subsequent to
registration of the FIR, dead body of Pawan reflecting gunshot injuries
coupled with smashed face was discovered. The further investigation
revealed that the accused/applicant and co-accused Rahul Baisla had shot
Pawan dead and after that they smashed his face.
4. Against the above backdrop, learned counsel for accused/applicant
contends that all co-accused persons of this case already stand released on
bail and in this regard learned counsel for accused/applicant has taken me
through copies of those bail orders annexed with this application. It is
BAIL APPLICATION 4571/2025 Page 2 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45
569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557
, cn=GIRISH KATHPALIA
Date: 2026.01.17 16:14:57 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:17.01.2026
16:20:41
contended that the accused Rahul Baisla, who allegedly had the same role as
the present accused/applicant also has been granted bail, so on parity the
accused/applicant also deserves the same relief. It is also contended that out
of 81 prosecution witnesses, only 32 have been examined till date while the
accused/applicant is in custody since the year 2015, so even on that ground
he deserves to be released on bail.
5. Learned APP for the State as well as learned counsel for complainant
de facto do not dispute that the role ascribed to the accused/applicant is same
as that ascribed to Rahul Baisla, who has already been granted bail.
However, it is submitted by both of them that when the accused/applicant
was released on interim bail during Covid period, he was declared a
proclaimed offender and threatened the complainant de facto on 01.01.2024,
so FIR No. 213/2024 was registered by PS Wazirabad. There is no other
ground of opposition of bail.
6. As regards the FIR No. 213/2024, it is explained by learned counsel
for accused/applicant that the same was registered much belatedly on
02.03.2024. Besides, it is also contended by learned counsel for
accused/applicant that the complainant de facto had already been completely
examined during trial by 27.05.2019, so there was no reason for the
accused/applicant to threaten the complainant de facto.
7. Considering the overall circumstances, especially grant of bail to all
accused persons including Rahul Baisla, who was ascribed same role as
ascribed to the accused/applicant and also the fact that the accused/applicant
BAIL APPLICATION 4571/2025 Page 3 of 4 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4af
ec45569af3962c6fb4835d435f97626cacc
a, ou=HIGH COURT OF DELHI,CID -
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d
15570996b40f80cbd2eee60402c487965f
f801e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.17 16:14:46 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:17.01.2026
16:20:41
is in jail since 2015 and end of trial does not seem to be in near future, I find
this a fit case to grant bail.
8. The 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.
9. 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=8401dd889b27a77b2f65ffffe4af
ec45569af3962c6fb4835d435f97626cacc
a, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d
15570996b40f80cbd2eee60402c487965f
f801e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.17 16:14:32 -08'00'
GIRISH KATHPALIA
(JUDGE)
JANUARY 17, 2026
'rs'
BAIL APPLICATION 4571/2025 Page 4 of 4 pages
