Dismissed¶16

Kadir Alias Qadir v. the State of NCT of Delhi

Delhi HC21 Apr 2026BAIL APPLN./4802/2025

Case brief

AI extract

What is this about?

Kadir alias Qadir; BAIL APPLN. 4802/2025; High Court of Delhi; decided 21.04.2026 by Justice Saurabh Banerjee; bail application dismissed as premature and not maintainable; earlier withdrawal of BAIL APPLN. 3093/2025 on 13.10.2025 with liberty to reapply after complainant examined; cross-examination of complainant yet to commence; FSL report awaited; Trial Court requested to prepone recording of complainant's evidence; PS-Dayalpur.

What did the court decide?

The present bail application, filed in December 2025 even though cross-examination of the complainant was yet to commence, is premature, more so in view of the categoric statement earlier made by learned counsel for the applicant. ¶15

Kadir Alias Qadir Vs the State of NCT of Delhi — Delhi HC (2026) — LawSathi Research

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$~6

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 4802/2025

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KADIR ALIAS QADIR .....Applicant Through: Mr. Pavitra Veer Singh, Advocate.

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Versus

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THE STATE OF NCT OF DELHI .....Respondent Through: Mr. Satish Kumar, APP with Mr. Upasana Bakshi, Divya Bakshi and Mr. Gourav Singh, Advocates. SI Mahipal, PS-Dayalpur. Mr. Gaurav Vashisht, Advocate for the complainant.

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CORAM:

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HON'BLE MR. JUSTICE SAURABH BANERJEE

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O R D E R % 21.04.2026

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As recorded in the last order dated 19.03.2026, the applicant had earlier filed BAIL APPLN. 3093/2025, which was dismissed as withdrawn vide order dated 13.10.2025 passed by this Court on a specific and conscious statement made by learned counsel for the applicant, which is not disputed. The same reads as under:

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<1. ... ...This Court notes that the complainant is yet to be examined before the learned Trial Court and the matter stood adjourned... …

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2. At this stage, the learned counsel appearing for the applicant seeks permission of this Court to withdraw the present application with liberty to move a fresh application after the complainant is examined by the learned Trial Court.=

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This is a digitally signed order.

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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 23/04/2026 at 12:11:12

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It was thus recorded in the last order passed by this Court that < ... ... the cross examination of the complainant is yet to be commenced and the FSL report is likely to be filed tomorrow before the learned Trial Court.. =. 3. A perusal of the record reveals that the present bail application has been filed in the month of December 2025, even though cross-examination of the complainant is yet to be commenced, and thus the same is premature, more so, in view of the categoric statement made by learned counsel for the applicant earlier.

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As such, the present bail application being not maintainable, is accordingly dismissed.

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However, the learned Trial Court is once again requested to prepone the date of hearing for recording of evidence of the complainant, although, subject to its convenience.

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SAURABH BANERJEE, J

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APRIL 21, 2026/NA

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This is a digitally signed order.

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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 23/04/2026 at 12:11:12

Kadir Alias Qadir v. the State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Kadir Alias Qadir v. the State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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