[Cites 3, Cited by 0]
Delhi High Court
Abdul Ahad vs State Nct Of Delhi on 22 January, 2026
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 22.01.2026
+ BAIL APPLN. 4960/2025
ABDUL AHAD .....Petitioner
Through: Mr. Vikas Agarwal, Mr. Shiv Kumar
Kushwah and Ms. Priya Gutpa,
Advocates
versus
STATE NCT OF DELHI .....Respondent
Through: Mr. Sanjeev Sabharwal, APP for the
State with SI Mahavir and SI Amit
Kumar
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
CRL.M.A. 38273/2025 (exemption)
1. Allowed, subject to all just exceptions.
CRL.M.A. 38272/2025 (exemption from filing reply dt. 29.08.2025)
2. For the reasons mentioned therein, the application is allowed.
3. The accused/applicant seeks regular bail in case FIR No. 945/2023 of
PS DBG Road for offence under Section 392/394/34 IPC.
4. Broadly speaking, prosecution case is that on 05.11.2023, at about
BAIL APPLICATION 4960/2025 Page 1 of 3 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: 2026.01.22 18:03:28 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:22.01.2026
18:06:19
08:00pm the accused/applicant was driving his scooter with co-accused
Arbaz sitting pillion. The accused/applicant snatched mobile phone of the
complainant de facto and handed over the same to Arbaz. When the mobile
phone was snatched, the complainant de facto caught hold of the scooter
from behind and seeing that the accused/applicant sped away after the
complainant de facto fell down on road. The incident was noticed by few
public persons and two police officials passing by the area. The co-accused
Arbaz succeeded in escaping and fled away while the accused/applicant was
apprehended by police. Since that day, the accused/applicant is in custody.
5. Learned counsel for accused/applicant submits that co-accused Arbaz
has already been granted bail on 08.08.2025. It is further submitted by him
that the complainant de facto has already been examined before the trial
court and she has not supported prosecution case to the extent of identifying
the accused/applicant.
6. Learned APP assisted by IO/SI Amit Kumar and SI Mahavir opposes
the bail application on the ground that the complainant de facto also
sustained injuries on account of fall while trying to stop the scooter of the
accused/applicant.
7. Considering the overall circumstances, especially the period of
incarceration of the accused/applicant coupled with the inability of the
complainant de facto to identify the accused/applicant during trial and grant
of bail to the co-accused, I find no reason to deprive liberty to the present
accused/applicant.
BAIL APPLICATION 4960/2025 Page 2 of 3 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec455
69af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
996b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.01.22 18:03:14 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:22.01.2026
18:06:19
8. The bail application is allowed and it is directed that the accused/
applicant 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.
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4
5569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155
70996b40f80cbd2eee60402c487965ff801e2
6fa, cn=GIRISH KATHPALIA
Date: 2026.01.22 18:03:00 -08'00'
GIRISH KATHPALIA
(JUDGE)
JANUARY 22, 2026
'rs'
BAIL APPLICATION 4960/2025 Page 3 of 3 pages
