Rohit Kumar @ Sagar Vs the State of NCT of Delhi — Murder and Culpable Homicide | Delhi HC (2026)

Rohit Kumar @ Sagar Vs the State of NCT of Delhi — Murder and Culpable Homicide | Delhi HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the applicant Rohit Kumar @ Sagar is entitled to regular bail in FIR No.346/2023, i.e., whether a prima facie case exists disclosing his involvement. +1 more

Court's answer

In a regular bail application, this Court is to assess and form an opinion on the basis of the material on record, i.e., whether a prima facie case exists disclosing the involvement of the applicant; it does not go into the evidence unless a case is made out, as going into the evidence itself means that a trial is indeed required.

Ratio / Principle

There is nothing which calls upon the Court to go into the evidence recorded, whether qua the role/involvement of the applicant or the issue of prior enmity and common intention; accordingly, the alleged witness inconsistencies raised by counsel furnish no ground to enter the evidence at the bail stage.

Key takeaways

It is not in dispute that the CCTV footage shows the presence of the applicant at the time of the incident, where he is shown holding/gripping/securing the deceased whilst the co-accused person stabbed him.ratio¶16
Any expression of views on the merits is solely for the purposes of adjudication of the present bail application and shall have no bearing on the overall case/trial.obiter¶20

Detailed headnote1 paragraphs

Regular bail - Ss.483 & 528 BNSS - FIR No.346/2023, PS Jyoti Nagar (Ss.302/102B/201/34 IPC) - Application of Rohit Kumar @ Sagar dismissed. Held: at the stage of a regular bail application the Court is to assess and form an opinion only on the material on record, i.e., whether a prima facie case exists disclosing the applicant's involvement; it will not go into the evidence or witness statements/depositions unless a case is made out, since going into the evidence itself means a trial is required. The alleged inconsistencies in witness statements qua the applicant's presence/role, and the issues of prior enmity and common intention, gave the Court no occasion to enter the recorded evidence. Undisputed CCTV footage showed the applicant present at the incident, holding/gripping/securing the deceased whilst a co-accused stabbed him. Applicant in judicial custody since 18.05.2023; six of twenty-eight witnesses examined. Bail dismissed; any views expressed are confined to the bail application and carry no bearing on the trial.

$~9

IN THE HIGH COURT OF DELHI AT NEW DELHI

- BAIL APPLN. 780/2026

ROHIT KUMAR @ SAGAR .....Applicant Through: Mr. Nazim Salam, Mr. Aman Akhtar, Mr. Shoaib Ikram and Mr. Aryan Mavi, Advs.

versus

THE STATE OF NCT OF DELHI .....Respondent Through: Mr. Raghuinder Verma, APP for the State with Ms. Upasna Bakshi and Ms. Divya Bakshi, Advs. alongwith Insp. Faizan Ghani, SI Pankaj Kumar, PS Jyoti

Mr. Anuj Kapoor, Adv. (DHCLSC) with Mr. Nandeesh Nanda and Mr. Shivam Sethi, Advs. for complainant

CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R % 18.05.2026

By virtue of the present application under Section 483 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), the applicant seeks regular bail in FIR No.346/2023 registered at PS.: Jyoti Nagar under Sections 302/102B/201/34 of the Indian Penal Code, 1860 ( IPC ).

As per FIR, upon intimation, the Investigating Officer ( IO ) reached the spot whereby the victim ( now deceased ) had already been taken to the Hospital, where, the brother of deceased ( complainant ), who had witnessed the incident, revealed that a few days before, he saw the

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accused persons having an altercation with the deceased qua some money which was not retuned by him. Pursuant whereto, the accused persons had threatened to kill the deceased. Subsequently, on the day of incident, the complainant saw one of the co-accused person holding the deceased and another wielding a knife. Since the complainant shouted for help, all of the accused persons fled therefrom.

This Court has heard learned counsels for the applicant and the complainant, as also learned APP for State, who has also handed over the Status Report, which is taken on record. 4. In this factual backdrop, learned counsel for the applicant has primarily addressed arguments on the basis of alleged inconsistencies in the Statement(s)/ Deposition(s) of the witnesses qua the presence and involvement/ role of the applicant. Going into the evidence itself means that a trial is indeed required. Moreover, as per trite law, the same itself is something which, unless there is a case made out, cannot be gone into by this Court in the present application wherein the applicant is seeking grant of regular bail. This Court is to assess and form an opinion on the basis of the material on record i.e. whether a prima facie case exits disclosing the involvement of the applicant. There is nothing which calls upon this Court to go into the evidence recorded, be it qua the role/ involvement of the applicant or the issue of prior enmity and common intention.

De hors the fact that the applicant has been in judicial custody since 18.05.2023 and six out of twenty-eight witnesses have been examined, it is not in dispute that the CCTV footage shows the presence of the applicant at the time of incident where he is shown holding/ gripping/ securing the deceased whilst the co-accused person stabbed him.

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 23/05/2026 at 11:13:22

Thus, taking a cumulative view of the facts and circumstances involved, the present regular bail application is dismissed.

Needless to say, expression of view(s) on the merits, if any, are solely for the purposes of adjudication of the present application and shall have no bearing on the overall case/ trial involved.

SAURABH BANERJEE, J.

MAY 18, 2026/rr

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 23/05/2026 at 11:13:22