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$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC011064662025 + BAIL APPLN. 5046/2025
SOHIT @ SACHIN
.....Applicant
Through: Mr. Takshay, Adv.
versus
STATE OF NCT OF DELHI
.....Respondent
Through: Mr. Satish Kumar, APP Mr. Anuj Kapoor, Adv. (DHCLSC) with Mr. Nandeesh Nanda, Adv. for LRs of the deceased.
Insp. Sanjay Kumar
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R %
11.08.2026
1. By virtue of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant seeks grant of regular bail in FIR No.265/2023 dated 14.04.2023 registered at PS: Bindapur under Sections 302/120B/201/34 of the Indian Penal Code, 1860 (IPC).
2. Briefly stated, as per prosecution on 14.02.2023 an information was received at PCR that two unknown persons entered the office of the deceased Surendra Solanki at Kiran Garden, Uttam Nagar, fired several rounds at him and flee therefrom. The deceased thereafter was taken to Akash Hospital, where he was declared ‘brought dead’. Based thereon, the present FIR has been registered.
3. As per role assigned to applicant, he was the one who made 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 14/08/2026 at 11:25:54
payment of Rs.1,000/- towards petrol for the motorcycle used by the co- accused, as also subsequently received an amount of Rs.50,000/- from a co-accused involved in the commission of the offence.
4. In these facts, this Court has heard learned counsels for the applicant and for the LR’s of the deceased as also learned APP and gone through the materials on record.
5.
Facts herein reveal that the applicant is not mentioned in the FIR. Also, as per the FIR, only role assigned to the applicant is of paying Rs.1,000/- towards petrol and his account being credited of Rs.50,000/-, they are both, prima facie, a case of circumstantial evidence. The same themselves, at this stage, cannot be taken to be sufficient for establishing a link/ role with the incident. 6. Moreover, the applicant is a 29 years old young man who is a first time offender. Also, though he has been in custody for around three years and six months and as per the Nominal Roll received, the conduct of the applicant inside jail has been ‘Satisfactory’ all throughout. 7. As on date, though charges have been framed, the trial is at a nascent stage as only three witnesses out of fifty five witnesses have been examined yet. This gives the impression that conclusion of trial is likely to take considerable time. As such, the applicant is able to make out a case for grant of regular bail. 8. Taking all the aforesaid facts and circumstances cumulatively, the present application is allowed and the applicant be released on regular bail in FIR No.265/2023 dated 14.04.2023 registered at PS: Bindapur under Sections 302/120B/201/34 of the IPC subject to him furnishing a personal bond in the sum of Rs.50,000/- along with one surety of the like amount 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 14/08/2026 at 11:25:54
by a family member/ friend having no criminal case pending against him/her and subject to the satisfaction of the concerned Jail Superintendent, and further subject to the following conditions: i. The applicant shall not leave the country without prior permission of this Court and shall ordinarily reside at the address provided in the Trial Court record and in case of any change in the residential/ permanent address/ contact details/ phone number, the applicant shall inform the same to the IO concerned. ii. Applicant shall surrender his Passport, if any, to the IO concerned within three days of his release and shall join and participate in the investigation as and when called by the IO. iii.
Applicant shall provide all his mobile numbers to the IO concerned which shall be kept in working condition at all times. iv. The applicant shall also appear before the Court as and when the matter is taken up for hearing. v. Applicant shall not indulge in any criminal activity and shall not contact any of the prosecution witnesses, or tamper with the evidence of the case. 9. 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. 10. A copy of this order be sent to the concerned Jail Superintendent for necessary information and compliance forthwith. SAURABH BANERJEE, J AUGUST 11, 2026/Ab 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 14/08/2026 at 11:25:54