Akshay @ Golu v. the State N.C.T of Delhi and Anr.
Bail – regular bail under Section 439 CrPC read with Section 483 BNSS
Case brief
What is this about?
Regular bail granted; Section 439 CrPC; Section 483 BNSS; Sections 302/147/148/149/34 IPC; murder; FIR No.7/2021 PS Khayala; name not in FIR; no allegation in initial Section 161 CrPC statements of Nitin and Pradeep; implication via disclosure statements of co-accused Deepak Ahirwal and Hemraj; supplementary statement of witness Nitin; no FSL report on CCTV genuineness; TIP not conducted; custody over four and a half years; satisfactory jail conduct; trial nascent, 2 of 62 witnesses examined; personal bond Rs.25,000/-; bail conditions; counsel relied on Deepak Tiwari 2024:DHC:8697; Aman Gaur 2012 [1] JCC 415; Sanjay Chandra (2012) 1 SCC 40; Tapas Kumar Patil SLP(Crl.) 15971/2024; Union of India v. K.A. Najeeb SLP(Crl.) 11616/2019; Delhi High Court; Saurabh Banerjee, J.; 23.04.2026.
What did the court decide?
Regular bail granted to the applicant in proceedings arising out of FIR No.7/2021 dated 03.01.2021, PS Khayala, under Sections 302/147/148/149/34 IPC, subject to furnishing a personal bond of Rs.25,000/- with one surety of the like amount by a family member/friend having no pending criminal case, subject to satisfaction of the Jail Superintendent, and subject to conditions: (i) not to leave NCT of Delhi without prior permission of the Court and to intimate any address change to the IO by affidavit; (ii) surrender passport, if any, within three days; (iii) appear before the Court as and when the matter is heard; (iv) provide all mobile numbers to the IO, keep them working with location on at all times; (v) report to the IO at PS Khayala once every month in the first week unless leave is obtained from the Trial Court; (vi) not indulge in criminal activity and not communicate with or contact prosecution witnesses or tamper with evidence.