Sombir @ Totla Vs State of NCT of Delhi — Delhi HC (2026) — LawSathi Research

Sombir @ Totla Vs State of NCT of Delhi — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application and accompanying CRL.M.A. dismissed as withdrawn with liberty to file afresh before the trial court after examination of the first witness of the alleged incident; trial court requested to frame charge and conclude first-witness testimony within one month of framing of charge provided no defence adjournment is sought.

Issue for consideration

Whether regular bail should be granted to the applicant/accused in FIR No. 286/2023 (Police Station Crime Branch) for offences under Section 307/186/353 IPC and Section 25/27 of the Arms Act, on the prosecution allegation that he fired at the police party. +1 more

Court's answer

At counsel's request, leave to withdraw was granted: the bail application and the accompanying application stand dismissed as withdrawn with liberty as sought, i.e., liberty to file afresh before the trial court after examination of the first witness of the alleged incident.

Key takeaways

The trial court was requested to frame charge and conclude the testimony of the first witness of the occurrence within one month of framing of charge, provided no adjournment is sought by the defence side; this accompanied the withdrawal and the report that the supplementary chargesheet had already been filed.obiter¶17

Detailed headnote1 paragraphs

BAIL APPLICATION DISMISSED AS WITHDRAWN - High Court of Delhi (Girish Kathpalia, J.), order dated 13.02.2026 in BAIL APPLN. 650/2026 & CRL.M.A. 5000/2026, Sombir @ Totla v. State of NCT of Delhi: the accused sought regular bail in FIR No. 286/2023, Police Station Crime Branch, for offences under Section 307/186/353 IPC and Section 25/27 of the Arms Act, the prosecution allegation being that he fired at the police party. Having partly addressed arguments, counsel obtained leave to withdraw the application with liberty to file afresh before the trial court after examination of the first witness of the alleged incident; the bail application and the accompanying application were accordingly dismissed as withdrawn. Counsel's request for directions to police to file a supplementary chargesheet ahead of charge-framing fixed for 19.02.2026 was overtaken by First IO/SI Anil's report that the supplementary chargesheet had already been filed in July 2025. The trial court was requested to frame charge and conclude the first witness's testimony within one month of framing of charge, provided the defence sought no adjournment.

$~74

IN THE HIGH COURT OF DELHI AT NEW DELHI

- BAIL APPLN. 650/2026 & CRL.M.A. 5000/2026

SOMBIR @ TOTLA .....Petitioner

Through: Mr. Akshay and Mr. Mohit Shokeen, Advocates.

versus

STATE OF NCT OF DELHI .....Respondent

Through: Mr. Amit Ahalwat, APP for State with SI Anil.

CORAM: HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R % 13.02.2026

The applicant/accused seeks regular bail in case FIR No. 286/2023 of Police Station Crime Branch for the offence under Section 307/186/353 IPC & Section 25/27 of the Arms Act.

Broadly speaking, prosecution allegation is that the accused/applicant fired at the police party.

After addressing partly, learned counsel for accused/applicant on instructions seeks permission to withdraw this bail application with liberty to file afresh before the trial court after examination of first witness of the alleged incident.

Learned counsel for accused/applicant seeks directions to police to file supplementary chargesheet so that charge may be framed on the date already fixed i.e., 19.02.2026. First IO/SI Anil submits that supplementary chargesheet has already been filed in July 2025.

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 16/02/2026 at 12:06:12

As requested, the bail application and the accompanying application are dismissed as withdrawn with liberty as sought. The learned trial court is requested to frame charge and conclude testimony of first witness of the occurrence within one month of framing of charge provided no adjournment is sought by the defence side.

GIRISH KATHPALIA, J

FEBRUARY 13, 2026/ dr

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 16/02/2026 at 12:06:12