BAIL APPLN. 1454/2025 1 $~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1454/2025 PRANJAL DEKA .....Petitioner Through: Mr. Nishank Tyagi, Mohd. Mubashir and Mr. Prashant Tyagi, Advocates. versus STATE NCT OF DELHI .....Respondent Through: Mr. Ashneet Singh, APP for State SI Shubham. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 17.07.2026 1. Applicant seeks regular bail in case FIR No. 0569/2019 dated 25.10.2019 registered at police station Khajuri Khas for offence under section 302 of IPC. 2. Applicant is facing trial for committing murder of his own batchmate and friend. 3. Information was received by the police on 25.10.2019 when a caller informed that his tenant had committed suicide. However, when comprehensive investigation was carried out, it was found to be a case of homicidal death. The investigation revealed that the deceased and the applicant herein were batchmates from North-east Hill University, Shillong, Meghalaya and had done their B.tech from 2010 to 2014. After completing 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 18/07/2026 at 11:20:07 BAIL APPLN. 1454/2025 2 their graduation, Amit (deceased herein) came to Delhi for a job whereas applicant also started doing his business. 4. As per the prosecution story, the deceased had ridiculed the applicant and had made some jokes about applicant’s girlfriend which made him furious and, resultantly, he hit him with a brick and wooden plank which resulted in the unfortunate death of the deceased. The prosecution is strongly relying upon last-seen theory and recovery from the possession of the applicant. 5. There are 40 prosecution witnesses and, so far, only 19 witnesses have been examined and, therefore, there is no likelihood of trial getting completed in near future. All the material public witnesses have, however, been examined. 6. The Nominal Roll received from jail would indicate that his incarceration period, as on date, is of more than 6 ½ years. Applicant’s conduct in jail is found to be ‘satisfactory’. His present age, as per the Nominal Roll, is 33 years. 7. This Court cannot be oblivious of the fact that incarceration period is already, substantially, high and, therefore, in order to uphold the objective enshrined under Article 21 of the Constitution of India, in its true letter and spirit, this Court finds no reason to disallow the bail. 8. In Sunil Bihari Alias Shakti Singh v. The State (NCT of Delhi): 2025:DHC:11035, the accused was facing murder charges and was granted bail by Coordinate Bench of this Court vide its judgment dated 08.12.2025 on account of prolonged incarceration, while observing as under:- “23. Once the applicant undisputedly is in continuous incarceration since 08.06.2018 and once it is clear that the trial is not likely to be concluded in near future, the 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 18/07/2026 at 11:20:07 BAIL APPLN. 1454/2025 3 applicant cannot be denied benefit of bail on the sole criteria of his implication in previous FIRs and the fact that the accused was once declared proclaimed offender. 24. The Hon’ble Apex Court in the case of Union of India v. K.A. Najeeb: AIR 2021 SC 712 held that once it is obvious that a timely trial would not be possible, and the accused has suffered incarceration for a significant period of time, the courts would ordinarily be obligated to enlarge them on bail. 25. The investigation in the present case already stands concluded with the filing of chargesheet followed by framing of charges and the material witnesses have already been examined by the learned Trial Court. 26. The object of Jail is to secure the appearance of the accused during the trial. The object is neither punitive nor preventive and the deprivation of liberty has been considered as a punishment. However, appropriate conditions ought to be put to allay the apprehension of the applicant tampering with the evidence or evading the trial.” 9. Reference be also made to Deepak Tiwari vs. State (NCT of Delhi): 2024 SCC OnLine Del 7810, Praveen Rathore v. State of Rajasthan: 2023 SCC OnLine SC 1268, order dated 29.04.2026 in SLP (Crl.) 7416/2026 titled Vaibhav Singh v. State of Uttar Pradesh and order dated 24.02.2026 in BAIL APPLN.3794/2024 titled Saif Ali @ Saif Khan vs. State Govt. of NCT of Delhi wherein also the bail had been granted in murder case, keeping in view of the long incarceration. 10. Keeping in mind the overall facts and circumstances, albeit, without expressing any opinion over the merits of the case, applicant is hereby admitted to bail on his furnishing personal bond in a sum of Rs. 25,000/- with two local sureties of like amount, subject to the satisfaction of learned Trial Court/Chief 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 18/07/2026 at 11:20:07 BAIL APPLN. 1454/2025 4 Judicial Magistrate/Duty Judicial Magistrate First Class with the following conditions:- (a) Surety would be local. (b) Applicant shall appear before the learned Trial Court regularly on date(s) fixed. (c) Applicant/accused shall not come in contact of any witness, directly or indirectly. (d) The applicant/accused shall not leave NCR of Delhi, without permission of learned Trial Court. (e) The applicant/accused shall provide his mobile number to the investigating officer and shall keep the same operational all the time, till the disposal of the case. 11. The application stands disposed of in aforesaid terms. 12. A copy of this order be sent to the concerned learned Trial Court and also to the Jail Superintendent for necessary information and compliance. MANOJ JAIN, J JULY 17, 2026/nr/pb 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 18/07/2026 at 11:20:07