$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 408/2026 KAPIL @ KOHLI .....Petitioner Through: None. versus THE STATE GOVT OF NCT OF DELHI .....Respondent Through: Mr. Shoaib Haider, APP for the State. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 14.07.2026 1. By way of the instant application, the applicant seeks grant of regular bail in connection with FIR No. 32/2020, for the offence punishable under Section 302/201/34 of the Indian Penal Code, 1860 registered at police Station Wazirabad, Delhi. 2. The prosecution story would indicate that on the night of 18.01.2020, a PCR call reported that an injured person was lying at RCC Road, Near Burari Traffic Signal, Hardev Nagar, Delhi. When the police reached on the spot, they found damaged Grey Maruti EECO with shattered windows. One injured, namely, Kartik, aged about 23 years, was taken to the hospital. He was found brought dead. The injured sustained stab injury on his chest. 3. During the couse of investigation, it was revealed that a quarrel broke out between the deceased, who was riding the EECO and the occupants of a Fatfat Sewa (shared Taxi) over giving way on the road. The prosecution alleges that petitioner Kapil @ Kohli inflicted the stab injury on 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 16/07/2026 at 11:13:08 deceased, whereas, the other accused persons assaulted him with the wooden sticks and kicks. 4. It is pertinent to note that co-accused Ebrin @Rahul, Akash @TB and Rahul Kumar Sharma have already been granted regular bail by this Court vide orders dated 26.11.2025, 16.12.2025 and 03.07.2025, respectively. While granting bail to the co-accused, the Court observed that eyewitness PW-16 had witnessed 5–6 boys of the Fatfat Sewa assaulting the deceased. The orders further record that PW-16 attributed the stab injury to the present applicant. 5. Mr. Shoaib Haider, learned APP, objects to the bail application and he submits that bearing in mind the gravity of the offence, the applicant is not entitled for the regular bail. 6. The Court, however, finds that the applicant is jail since 23.01.2020 and has already suffered about 06 years, 06 months of incarceration. The testimony of the witnesses and the role assigned to each of the accused persons will have to be considered by the concerned court while rendering the final judgement. The Court, however, finds that more than six and a half years is sufficient incarceration and only on that ground alone, the applicant deserves regular bail. The brief facts have been noted just for the sake of completion of the prosecution story. 7. This Court is also guided by the decision in Mohd. Rashid v. State (NCT of Delhi),1 wherein, despite the allegations under Sections 302/201/34 IPC, regular bail was granted considering the parity with co-accused, the prolonged period of incarceration, and the slow progress of the trial. The Court observed that continued detention, when only a negligible number of 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 16/07/2026 at 11:13:08 prosecution witnesses had been examined and the trial was not likely to conclude in the near future, justified grant of bail. The aforesaid principles squarely apply to the facts of the present case. 8. Bearing in mind the manner in which the crime was committed, the nature of the allegations, the evidence available against the accused persons and sufficient incarceration, the applicant is entitled for release on regular bail. 9. Accordingly, it is directed that the applicant be released on regular bail, subject to the conditions to be imposed by the concerned trial Court. 10. Application stands disposed of. PURUSHAINDRA KUMAR KAURAV, J JULY 14, 2026/p/ksr 1 2025 SCC OnLine Del 1797 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 16/07/2026 at 11:13:08