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2026 DAILYLAW 11459 (DEL)

VIKKY v. STATE NCT OF DELHI

BAIL APPLN./346/2026 · 2026-07-09

Purushaindra Kumar Kaurav

body2026

Judgment text

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$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 346/2026 VIKKY .....Petitioner Through: Mr. AK Mishra, Mr Arpit Mishra, Ms Alphy Thomas, Advocates. versus STATE NCT OF DELHI .....Respondent Through: Ms. Shubhi Gupta, APP. SI Vivek Kumar. Ms. Malivka Kapoor, Complainant (Thr. VC). CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 09.07.2026 1. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking grant of regular bail in connection with FIR No. 191/2025 for offence punishable under Section 309(4), 311, 317(2), 61(2), 3(5) of the Bharatiya Nyaya Sanhita (BNS) 2. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the criminal proceedings. According to him, there is no evidence against the applicant. 3. It is submitted that the investigation has been completed and the charge-sheet has been filed. As of now, only four witnesses have been examined out of 19, and the trial would take sufficient time in its 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 10/07/2026 at 11:16:03 completion. It is pointed out that there are no criminal antecedents against the applicant. 4. The submissions are opposed by learned APP for the respondent-State as well as the complainant herself. Ms. Malvika Kapoor i.e. the Complainant is present through video conferencing. Both of them have contended that the offence is of serious nature. 5. As per learned APP for the respondent-State, there is ample evidence against the applicant, who aided and assisted the main accused i.e. Ravindera. It is stated that not only there is a disclosure statement, but the CCTV footage, CDR location evidence and Test Identification Parade (TIP), would clearly establish the complicity of the applicant. The prayer is, therefore, made for rejection of the bail application. 6. I have considered the submissions made by learned counsel for the parties and have perused the record. 7. It remains undisputed that the applicant is in custody since 29.03.2025 and he has already suffered more than 1 year and 3 months incarceration. There is no criminal antecendents of the present applicant. The applicant had fully cooperated with the investigation and after the investigation, the charge-sheet was submitted to the Court of the competent jurisdiction. The trial is still pending. 8. The fact would indicate that out of 19, only 4 witnesses have been examined and the trial would take sufficient time in its conclusion. One of the accused namely Sachin who happens to the brother of the main accused Ravindera has also allegedly assisted Ravindera in the commission of the crime. Sachin has already been granted bail vide order dated 07.05.2025 by the Trial Court. Out of 6 accused persons, 1 is child in conflict of law 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 10/07/2026 at 11:16:03 (juvenile) and 3 other accused persons including the applicant are already in jail. One of the accused persons, i.e. accused Abhishek is absconding. The proceedings under Section 82 of the Code of Criminal Procedure, 1973 (CrPC) have already been initiated against him. As per the charge-sheet and status report, the applicant had undertaken recce of the house, which has alleged to have been robbed by the accused persons. 9. The applicant’s role seems to be limited to the planning and execution of the aforesaid crime. The complainant during the course of hearing has fairly stated that the applicant did not enter into the house of the complainant, and it is Ravindera, who actually has entered the house. 10. Bearing in mind the aforesaid facts and circumstances and the period of incarceration already suffered by the application, the applicant is directed to be release on regular bail on conditions to be imposed by the Trial Court. 11. The Trial Court while imposing the conditions shall bear in mind that the applicant is not permanent resident of the Delhi. Therefore, the appropriate condition shall be imposed so as to ensure that the applicant undergoes the trial and, and, is available to face the consequences thereto. PURUSHAINDRA KUMAR KAURAV, J JULY 9, 2026 aks 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 10/07/2026 at 11:16:03