Rajbir Vs the State Govt. of NCT of Delhi

The applicant has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023 (‘BNSS’) seeking regular bail in connection with FIR No. 352/2021 for offence punishable under Section 302/120-B/34 of the Indian Penal Code, 1860 (IPC) and 25/27/54/59 of the Arms Act, registered at PS Dwarka South, Delhi.

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It remains undisputed that after investigation, the chargesheet was filed and 13 witnesses out of 29 witnesses have already been examined.

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As per nominal role, the applicant as on 30.04.2026, has remained for 4 years 9 months and 1 day in incarceration. Learned counsel appearing for the applicant points out that in all, there are three accused persons and two of them namely, Lalit @ Piku and Abhishek Saini, have already been enlarged on regular bail. The reliance is placed on order dated 03.02.2025

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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 06/07/2026 at 10:21:52

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in Bail APPLN. 3401/2024 and order dated 18.09.2025 in BAIL APPLN. 2873/2025.

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Learned counsel for the applicant submits that he has been falsely implicated and there is no possibility of early completion of trial, and, therefore, during the pendency of the trial, the applicant be enlarged on regular bail.

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The aforesaid submissions are opposed by learned counsel for the respondent-State. She submits that the role assigned to the applicant herein is serious than the role attributed to the accused persons who have been granted bail. It is submitted that the weapon of offence has been recovered from the applicant and the ballistic report would substantiate the fact that the same weapon was used for commission of crime.

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The facts of the case would indicate that a fight took place on 26.07.2021 between the families of the complainant and his uncle, pursuant to which the uncle’s son (accused no.1) and his 02 friends allegedly murdered the complainant’s father- Ajit Singh- on the intervening night of 26/27.07.2021.

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The Court has already considered the facts and situation in the aforecited two orders which have been relied upon by the applicant. It is found that except the fact of recovery of the weapon from the applicant, all other circumstances are almost similar to the other two persons who have already been enlarged on bail. The aspect of the recovery of weapon and its import, will have to be considered during the course of the trial. The applicant has already suffered sufficient incarceration i.e. almost for about five years. Bearing in mind the overall facts and circumstances, the Court finds that the applicant can be enlarged on regular bail subject to following conditions:

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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 06/07/2026 at 10:21:52

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a. Applicant shall furnish a personal bond in the sum of Rs. 30,000/with two sureties of the like amount to the satisfaction of the learned trial Court.

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b. Upon release, the applicant shall furnish his mobile number to the IO/SHO of Police Station Dwarka South and shall keep the mobile number operational at all times.

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c. The applicant shall surrender his passport, if any, with the trial Court, and shall not travel abroad without prior permission of the trial Court.

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d. The applicant shall not try to contact the prosecution witnesses or try to threaten or intimidate them and shall not indulge in any other criminal activity.

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e. The applicant shall furnish his residential address/contact details to the IO.

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Nothing stated in this order shall construe as an expression of opinion on the merits of the case.

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A copy of this order be sent to the Jail Superintendent.

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This application accordingly stands disposed of in the aforesaid terms.

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PURUSHAINDRA KUMAR KAURAV, J

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JULY 3, 2026 aks

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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 06/07/2026 at 10:21:52

Rajbir v. the State Govt. of NCT of Delhi

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Rajbir v. the State Govt. of NCT of Delhi

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