$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2243/2026 KAPIL PANDIT .....Petitioner Through: Mr. Sunil Dalal, Sr. Adv. with Mr. Amit Tiwari, Mr. Shekhar Kumar, Mr. Himanshu Bidhuri, Mr. Harsh Kumar, Mr. Ankit Rana and Mr. Bharat Khurana, Advs. versus STATE (GNCTD) & ANR. .....Respondents Through: Mr. Manoj Pant, APP. Insp. Karamveer Singh, PS Kalkaji CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 08.07.2026 1. This hearing has been done through hybrid mode. 2. The present application has been filed by the Applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), seeking grant of regular bail in FIR No. 515/2025 registered at Police Station Kalkaji for the offences punishable under Sections 103(1), 3(5), 249 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’). 3. Learned Senior Counsel for the Applicant submits that co-accused Sandeep Bidhuri was granted regular bail by a Coordinate Bench of this Court vide order dated 29.05.2026. It is submitted that the role attributed to the present applicant is similar to that of the said co-accused and, therefore, the applicant is entitled to the grant of bail on the ground of parity. 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 13/07/2026 at 16:55:11 4. He further submits that the applicant was merely a passerby and had no role to play in the assault upon the deceased. It is further submitted that there are 15 accused persons in the chargesheet. 5. Per contra, learned APP for the State submits that the applicant cannot claim parity with the co-accused as, in the present case, the applicant was allegedly involved in the conspiracy to eliminate the deceased. 6. He further submits that the applicant stood guard at the spot while the other co-accused persons were beating the deceased. It is further submitted that the deceased was a priest of Kalkaji Mandir and the allegations are quite heinous. During the course of hearing, learned APP for the State fairly concedes that although the applicant was allegedly involved in the conspiracy, he never took part in beating the deceased and, while the other co-accused persons were beating the deceased, he was merely guarding the spot. 7. Learned Senior Counsel for the Applicant submits that the allegations of conspiracy are also against the co-accused who has been granted bail and that he was also a passerby and was not involved in the beating of the deceased. 8. In the facts and circumstances of the case, particularly considering the principle of parity, the applicant is admitted to bail, subject to the following conditions: a. The petitioner shall furnish a personal bond in the sum of Rs.25,000/- with 2 sureties in the like amount from family members, to the satisfaction of the learned trial court; b. The applicant shall furnish to the Investigating Officer/SHO, Police Station Kalkaji, South-East Delhi, a mobile phone number on which the applicant may be contacted at any time and shall ensure that 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 13/07/2026 at 16:55:11 said number is kept active and switched on at all times. c. If the applicant has a passport, the same shall be surrendered to the learned Trial Court, and the applicant shall not travel outside the country without the prior permission of the learned Trial Court; d. The applicant shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or other persons acquainted with the facts of the case. e. The applicant shall not tamper with the evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial. f. In case of any change in the applicant's residential address/contact details, the applicant shall promptly inform the Investigating Officer in writing. 8. Needless to state, nothing stated hereinabove shall be construed as an expression of opinion on the merits of the case, and the observations made are only for the purpose of deciding the present bail application. 9. A copy of this order be sent to the concerned Jail Superintendent for necessary information and compliance. 10. Accordingly, the present application is allowed in the above terms and disposed of. Pending application(s), if any, also stand disposed of. 11. Order be uploaded on the website of this court forthwith. MADHU JAIN, J. JULY 8, 2026/ys/m 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 13/07/2026 at 16:55:11