$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 59/2026 & CRL.M.A. 548/2026 AJAY .....Petitioner Through: Ms. Bhuvakshi Singh, Ms. Riya Jain, Mr. Laksh Khanna (DHCLSC), Advocates. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Shubhi Gupta, APP for the State. Ms. Sunita Arora, Adv. for the complainant. Inspector Sudhir Rathi with deceased’s mother and father. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 06.07.2026 1. By way of the present application, the applicant seeks regular bail in connection with FIR no.716/2022 for offences under Sections 302 and 34 of the Indian Penal Code, 1860 registered at police station Narela Industrial Area, Delhi. 2. As per the FIR, on 08.09.2022, the deceased Farman left home with the applicant and three co-accused with whom he regularly consumed alcohol. It is alleged that the deceased Farman had Rs.2,000/- dispute with co-accused Roshan. The next day, deceased’s body was found floating in the Ganda Nala. The complainant suspected that the applicant and the co- accused persons had murdered the deceased. 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 07/07/2026 at 11:12:43 3. After registration of the FIR, the investigation was carried out and the chargesheet has been submitted. The applicant, as well as three other co- accused persons has been arrested. All of them are in jail. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and he has been falsely implicated. According to her, even PW1- Imran in his statement has not attributed any motive to the applicant rather, it is contended that the deceased Farman allegedly had borrowed Rs.2000/- from Roshan (co-accused). She thus submitted that bearing in mind the long incarceration, the applicant be released on bail. 5. The submissions are strongly opposed by learned counsel appearing for the prosecution and the victim’s family. Both of them have contended that there is direct evidence against the applicant, and if the evidence of PW1- Imran (brother of the deceased), PW2-Mujahir Ali (father of the deceased) and PW4-Nagma (mother of the deceased) is considered in the right perspective, it would indicate that there is enough evidence against the applicant. 6. It is also contended that PW5-Rashid, being independent witness also saw the deceased in the company of the applicant and other co-accused persons at 08:00 PM on 08.09.2022. It is also contended that out of 29 witnesses, 12 witnesses have already been examined and, therefore, trial is likely to be completed in a short period. Hence, the applicant need not be released on bail. 7. I have considered the submissions made on behalf of the learned counsel appearing for the parties and have perused the record. I have also perused the evidence of PW1-Imran and it is apparent that there does not seem to be any direct motive attributed to the present applicant. Even 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 07/07/2026 at 11:12:43 otherwise, there is no recovery from the present applicant. The deceased got missing on 08.09.2022 and his dead body was found on 09.09.2026. The deceased was allegedly last seen in the company of the present applicant on 08.09.2022 at 08:00 PM. 8. While not expressing any opinion on the merits or otherwise, the Court finds that this is a fit case for grant of bail. The applicant has already been in jail for about four years. His jail conduct has been found to be satisfactory. The undertaking of the applicant is placed on record that he will appear before the trial Court and will render full cooperation. 9. In case, there is any complaint against the applicant, liberty is granted to the victim’s family to seek cancellation of the bail. 10. In view of the aforesaid, the applicant is directed to be released on regular bail forthwith, subject to the conditions to be imposed by the concerned trial Court. 11. Application stands disposed of. PURUSHAINDRA KUMAR KAURAV, J JULY 6, 2026/P 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 07/07/2026 at 11:12:43