Regular bail application in a murder FIR where the accused was in custody for two years. The court noted multiple consistent eyewitness statements, CCTV footage and weapon recovery, found a strong prima facie case, and declined bail citing risk of witness influence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~18
Through: Ms. Gunjan Sinha Jain and Mr.Bhuvil Choudhary, Advocates.
versus
THE STATE GOVT OF NCT DELHI .....Respondent
Through: Ms. Priyanka Dalal, APP for the State with SI Himanshu Kumar Dubey, PS – Amar Colony.
HON'BLE MR. JUSTICE ARUN MONGA
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/09/2025 at 12:25:10
Cambridge School, she found her husband lying injured with three persons standing beside him, one of whom was holding a knife. On 06.07.2023, the victim succumbed to his injuries during treatment. Section 302 IPC was added to the case. Based on the statements of other eyewitnesses, namely Arif and Chintu @ Toti, the accused persons Raja, Rahul (applicant herein), and Lovekush were arrested.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/09/2025 at 12:25:10
time. The applicant is employed as a PWD Sahayak at CJ-04, has no previous criminal antecedents, and has never been punished while in jail. His conduct during custody has remained good, with nothing adverse recorded against him.
6.1 Multiple eye witnesses including Kalpana (wife of the deceased), Rohit Kumar (brother-in-law), Arif, Chintu @ Toti, Kuldeep, and Abhishek Soda have given consistent statements under Section 161 CrPC, which categorically implicate the accused persons. The testimonies are natural, trustworthy and corroborated inter se.
6.2 CCTV footage seized from Cambridge School corroborates the movements of the accused persons at the spot of incident. The knife used in the commission of the offence has been recovered at the instance of one of the accused. Blood-stained clothes and other incriminating articles have also been recovered during police custody remand.
6.3 The post-mortem opinion clearly establishes that death was caused due to septicemia resulting from perforation of the intestine consequent to stab injury. The injuries were ante mortem in nature and individually sufficient in the ordinary course to cause death.
6.4 The TIP proceedings were duly conducted, in which the wife of the deceased, Kalpana, correctly identified all the accused. They were further
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/09/2025 at 12:25:10
identified by other independent eyewitnesses during investigation.
6.5 It is further submitted that there are direct eye-witnesses to the incident as well as supporting scientific evidence on record which clearly implicates the accused. The offences alleged against the applicant are grave, and there exists every likelihood that the accused may threaten the witnesses or abscond from the process of law if enlarged on bail.
6.6 The learned Trial Court, vide order dated 09.09.2024, has rightly dismissed the bail application.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/09/2025 at 12:25:10
influence the eye witnesses, whose testimony is yet to be recorded. Given the nature of the offence and the role attributed to him, at this stage, it is not a fit case to grant any indulgence to the applicant.
ARUN MONGA, J
AUGUST 12, 2025/ kd/rs
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/09/2025 at 12:25:10
1 issue framed by the court
Whether the applicant accused in a murder case with multiple eyewitnesses and corroborative evidence deserves bail after over two years of judicial custody?
3 provisions across 2 enactments
Rahul
The State Govt of NCT Delhi
Arun Monga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
