Allowed

Ravi v. the State of NCT of Delhi

Delhi HC17 Feb 2026BAIL APPLN./753/2025

Case brief

AI extract

What is this about?

Regular bail in a murder case resting on last-seen evidence. The court noted inconsistencies between the witness's Section 161 statement naming assailants and the case diary, and the gap between last seen and recovery of the body despite fresh fatal injuries. Bail was granted on a personal bond with conditions.

What did the court decide?

Accused released on bail on personal bond of Rs.10,000/- with one surety; barred from contacting prosecution witnesses.

Ravi Vs the State of NCT of Delhi — Murder and Culpable Homicide | Delhi HC (2026)

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$~2

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 17.02.2026

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- BAIL APPLN. 753/2025

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RAVI .....Petitioner

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Through: Mr. Hem Chand Vashisht, Advocate

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versus

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THE STATE OF NCT OF DELHI .....Respondent

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Through: Mr. Amit Ahlawat, APP for State with SHO/Inspector Rajesh Shukla Mr. Jitendra Kumar, Advocate for complainant

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CORAM: JUSTICE GIRISH KATHPALIA

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J U D G M E N T (ORAL)

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The accused/applicant seeks regular bail in case FIR No.653/2022 of PS Mayur Vihar for offence under Section 302/201/34 IPC.

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The IO/Inspector Sanjeev Kumar has not appeared and it is stated by the SHO/Inspector Rajesh Shukla that IO is on duty in the ongoing Artificial Intelligence Summit. However, since the investigation file has been brought by the SHO, having perused the same, I find no reason to adjourn the matter any further, because this bail application remains pending since February 2025 and has come up before me today for the first time.

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BAIL APPLN. 753/2025

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Page 1 of 4 pages

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Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45 GIRISH 569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1557 KATHPALIA 0996b40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.02.17 18:11:54 -08'00'

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Signature Not Verified

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Digitally Signed By:NEETU N NAIR Signing Da te:1 7.02.2026 18:33:23

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Broadly speaking, the prosecution case is as follows. On 24.11.2022, one Surender Kumar, brother of the deceased Om Kumar lodged a missing person complaint with the police. Thereafter on 28.11.2022, when ASI Yudhvir Singh alongwith Surender Kumar reached Yamuna Khadar in the course of inquiry of the missing report, one Vijay Kumar met them and stated that on the night intervening 23.11.2022 and 24.11.2022, he saw three persons coming in a golden colour car and after consuming liquor two of them started beating the third person. Thereafter, Surender Kumar informed ASI Yudhvir Singh that car of his neighbour Kartik ( co-accused ) fell in Yamuna river and few persons got Kartik and the car pulled out of the river. On 28.11.2022, dead body of the deceased was recovered from the Yamuna river.

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Learned counsel for accused/applicant submits that the accused/applicant has been falsely implicated in this case only to solve a blind murder. It is submitted that the accused/applicant is in custody since 08.12.2022 and prosecution is deliberately withholding its star witness Vijay Kumar from the learned trial court.

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Learned counsel for complainant de facto also has been heard and he discloses that the complainant de facto Surender Kumar has filed a writ petition for grant of habeas corpus for production of Vijay Kumar in Court. That writ petition is pending scrutiny before the Registry of this court.

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Learned APP for State submits that prosecution case rests on last seen evidence, coupled with post-mortem report. Learned APP for State reads

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BAIL APPLN. 753/2025

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Page 2 of 4 pages Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45 GIRISH 569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1557 KATHPALIA 0996b40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.02.17 18:11:45 -08'00'

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Signature Not Verified

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Digitally Signed By:NEETU N NAIR Signing Da te:1 7.02.2026 18:33:23

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over the statement of Vijay Kumar recorded under Section 161 CrPC.

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The post-mortem report dated 29.11.2022 mentions that all injuries present over the body were ante-mortem in nature and “fresh in duration”. As mentioned above, according to prosecution case, the deceased was last seen alive by Vijay Kumar on the night intervening 23.11.2022 and 24.11.2022. In other words, even according to prosecution case, there was a gap of about 06 days between the discovery of the dead body and the alleged last seen circumstance; and the fatal injuries were fresh in duration.

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It would be surprising to note that although in statement under Section 161 CrPC dated 29.11.2022, Vijay Kumar allegedly stated that he knew both assailants by name, but in the corresponding Case Diary No. 31 dated 29.11.2022, Vijay Kumar did not name either of the assailants and simply stated having seen two persons beating up the third person.

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At this stage, I must add a cautious rider that on the above aspects, the learned trial court shall carry out analysis independent of above observations. The only purpose of above discussion is to ascertain if there is some valid reason to direct further curtailment of liberty of the accused/applicant.

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Therefore, the bail application is allowed and accused/applicant is directed to be released on bail subject to his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction

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BAIL APPLN. 753/2025

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Page 3 of 4 pages

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Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afe GIRISH c45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1 KATHPALIA 5570996b40f80cbd2eee60402c487965ff80 1e26fa, cn=GIRISH KATHPALIA Date: 2026.02.17 18:11:30 -08'00'

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Signature Not Verified

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Digitally Signed By:NEETU N NAIR Signing Da te:1 7.02.2026 18:33:23

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of the Trial Court.

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A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.

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It is also directed that the accused/applicant shall not in any manner whatsoever try to contact any of the prosecution witnesses, failing which appropriate consequences shall follow.

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Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4af
GIRISH ec45569af3962c6fb4835d435f97626cacc
a, ou=HIGH COURT OF DELHI,CID -
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d
KATHPALIA 15570996b40f80cbd2eee60402c487965ff
801e26fa, cn=GIRISH KATHPALIA
Date: 2026.02.17 18:11:17 -08'00'

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GIRISH KATHPALIA (JUDGE)

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FEBRUARY 17, 2026/ as

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BAIL APPLN. 753/2025

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Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Da te:1 7.02.2026 18:33:23

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Page 4 of 4 pages

Ravi v. the State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Ravi v. the State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

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