[Cites 2, Cited by 0]
Delhi High Court
Rohit Malhotra vs State Of Nct Of Delhi on 20 March, 2026
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 20.03.2026
+ BAIL APPLN. 1944/2025
ROHIT MALHOTRA .....Petitioner
Through: Mr. Dhruv Bhagar, Advocate
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Amit Ahlawat, APP for State
with IO/Inspector Mukesh Kumar
Mr. Sudhanshu Sikka, Advocate for
R2
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case FIR No.515/2024 of
PS Uttam Nagar for offence under Section 103(1)/333/238(a)/3(5) of BNS.
1.1 This regular bail application came up for the first hearing on
20.05.2025 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
accused/applicant and learned APP for State assisted by IO/Inspector
Mukesh Kumar and learned counsel for complainant de facto.
BAIL APPLICATION 1944/2025 Page 1 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4
835d435f97626cacca, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.03.20 17:43:35 -07'00'
Digitally Signed
By:DIKSHA RAWAT
Signing Date:20.03.2026
17:51:09
2. Broadly speaking, the prosecution case is as follows. On 01.11.2024,
a PCR call by way of GD No. 53A was received at PS Uttam Nagar in
which it was reported by the caller that some boys stabbed a person in the
locality. That information was marked to SI Vikas Kumar who reached the
spot and came to know that the injured Gagan Oberoi had already been
taken to the hospital. After taking necessary steps through the mobile Crime
Team qua inspection and photography of the spot, the IO visited the hospital
and collected MLC. The injured Gagan Oberoi succumbed during treatment.
In the course of investigation, the alleged eye witness Sanjay Bidlan
informed that on the night intervening of 31.10.2024 and 01.11.2024, the
deceased was assaulted by Pradeep@ Monu Nag alongwith one Kaku and
the present accused/applicant. The IO got recorded the statement of Sanjay
Bidlan under Section 183 BNSS before the concerned magistrate.
3. Learned counsel for accused/applicant submits that he has been
falsely implicated in this case because in the initial statement on the basis
whereof FIR was registered, Sanjay did not name the accused/applicant as
one of the assailants. It is submitted that statement of Sanjay Bidlan under
Section 183 BNSS was procured after tutoring him. It is further submitted
by learned counsel that there are as many as eight alleged eye witnesses and
their testimony remains to be recorded while the accused/applicant is in jail
since 30.11.2024. It is also submitted that except the accused/applicant, all
other co-accused persons are history-sheeters and the accused/applicant was
arrested one month after the alleged murder without there being any claim of
the IO that he had fled. Except clothes and mobile phone, nothing was
BAIL APPLICATION 1944/2025 Page 2 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d435f97
626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003,
KATHPALIA
st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee60402c
Date: 2026.03.20 17:43:49 -07'00'
recovered from the accused/applicant and even those clothes are not blood
stained.
4. Learned APP for State and counsel for complainant de facto have
taken me through the statement under Section 183 BNSS of the alleged eye
witness Sanjay Bidlan, contending that the present accused/applicant is
liable under Section 34 IPC, though the actual stabbing was done by co-
accused Monu Nag. Learned APP for State submits that if granted bail, the
accused/applicant would try to influence Sanjay Bidlan. Further, it is also
contended that the presence of the accused/applicant is clearly depicted in
the CCTV footage of the spot.
5. As mentioned above, presence of the accused/applicant is allegedly
depicted in the CCTV footage of the spot. Merely because in his first
information statement, Sanjay Bidlan did not name the accused/applicant, at
least for present purposes, that is not significant because in his statement
under Section 183 BNSS the eye witness Sanjay has specifically named the
accused/applicant as a person accompanying the actual stabber. The alleged
incident of stabbing took place at about 02:15am when the assailants
including the accused/applicant allegedly with common intention entered the
house in which the deceased was sitting with his friends including Sanjay.
As further mentioned above, Sanjay is yet to be examined in trial.
6. Considering the above circumstances, I do not find it a fit stage to
grant bail to the accused/applicant. Therefore, the bail application is
dismissed.
BAIL APPLICATION 1944/2025 Page 3 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb483
5d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2e
Date: 2026.03.20 17:44:03 -07'00'
7. Of course, nothing observed in this order shall be read to the prejudice
of either side at the stage of final arguments after trial and at that stage, the
trial court shall take independent view on the basis of evidence adduced.
8. 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=d3e86796451ec45c07b5d15
570996b40f80cbd2eee60402c487965ff801e
26fa, cn=GIRISH KATHPALIA
Date: 2026.03.20 17:44:17 -07'00'
GIRISH KATHPALIA
(JUDGE)
MARCH 20, 2026/as
BAIL APPLICATION 1944/2025 Page 4 of 4 pages
