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Delhi High Court
Nizamuddin @ Gauri vs The State (Govt. Of Nct) Delhi on 19 March, 2026
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 19.03.2026
+ BAIL APPLN. 2823/2025
NIZAMUDDIN @ GAURI .....Petitioner
Through: Mr. Gautam Khazanchi and Ms. Aditi
Kukreja, Advocate.
versus
THE STATE (GOVT. OF NCT) DELHI .....Respondent
Through: Mr. Amit Ahlawat, APP for State
with Inspector S.S. Yadav and SI
Mahesh Kumawat.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case FIR No.176/2019 of
PS Bhalswa Dairy for offence under Section 302 IPC.
1.1 This bail application came up for the first hearing on 30.07.2025
before the predecessor bench and thereafter continued getting adjourned
before different benches. Along with 179 such old pending bail applications,
this application also was transferred to this bench.
1.2 Today is the first hearing before me. I have heard learned counsel for
BAIL APPLICATION 2823/2025 Page 1 of 3 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4556
COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155709
96b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Digitally Signed Date: 2026.03.19 18:03:56 -07'00'
By:DIKSHA RAWAT
Signing Date:19.03.2026
18:09:46
accused/applicant and learned APP for State.
2. Broadly speaking, the prosecution case is based on circumstantial
evidence in which the public witnesses have supported prosecution. As per
prosecution, on 03.04.2019, on the basis of telephonic information, DD
No.18A was recorded at 09:28am to the effect that the caller had informed
that the tenant had left the house after killing his wife. Further investigation
revealed that on 01.04.2019, the accused/applicant along with his wife (the
deceased) shifted to the concerned property as tenant; that on 02.04.2019 at
about 09:00pm, the wife of the landlord (PW6) saw the accused/applicant
entering home and she requested him to bolt the door of the staircase which
he did; that on the next morning at about 09:00am, PW6 discovered the dead
body of the deceased lying on the floor, bleeding from eyes; that PW6 along
with her husband rushed to the tenanted floor and informed the police.
Further, the accused/applicant immediately fled away and was subsequently
arrested from Mumbai.
3. Learned counsel for accused/applicant submits that he is in jail for
past more than 04 years and trial is yet to be concluded, so he deserves to be
released on bail. In response to a specific query, learned counsel for
accused/applicant submits that presently he is unable to explain as to why
the accused/applicant fled away immediately after the alleged murder of his
wife. Learned counsel for accused/applicant does not dispute that three
public witnesses have supported prosecution.
BAIL APPLICATION 2823/2025 Page 2 of 3 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557
0996b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Digitally Signed Date: 2026.03.19 18:03:46 -07'00'
By:DIKSHA RAWAT
Signing Date:19.03.2026
18:09:46
4. Learned APP for State strongly opposes the bail application. As
regards failure to lead evidence for past one and a half year, learned APP
explains that some of the police officers have retired and require time to
appear. However, learned APP assures that all steps shall be taken to
expedite the trial.
5. Considering the overall circumstances, especially the evidence
brought on record against the accused/applicant as discussed above,
presently I do not find it a fit case to release the accused/applicant on bail.
Therefore, the bail application is dismissed. However, learned trial court is
requested to expedite disposal of the trial.
6. It is made clear that none of the above observations shall be read to
the prejudice of the either side at the final stage of trial.
7. Copy of this order be sent to the concerned Jail Superintendent for
being conveyed to 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
15570996b40f80cbd2eee60402c487965ff
801e26fa, cn=GIRISH KATHPALIA
Date: 2026.03.19 18:03:34 -07'00'
GIRISH KATHPALIA
(JUDGE)
MARCH 19, 2026/ry
BAIL APPLICATION 2823/2025 Page 3 of 3 pages
