$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 526/2026 RUDAL .....Applicant Through: Mr. Sangram Singh, Ms. Ankita Mishra, Ms. Shruti Sharma, Mr. Anshul Bhatara and Mr. Prince Mishra, Advs. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Satish Kumar, APP for State with Ms. Upasana Bakshi, Divya Bakshi, Ms. Divya Bakshi and Mr. Ashok Kumar Shukla, Advocates Insp. Hari Singh, PS.: Kapashera Mr. Anuj Kapoor, Adv. (DHCLSC) with Mr. Nandeesh Nanda, Adv. for LRs of deceased CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 21.07.2026 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 proceedings arising out of FIR No.208/2017 dated 31.05.2017 registered at PS.: Kapashera under Section 302/201/34 of the Indian Penal Code, 1860 (IPC). 2. Succinctly put, as per prosecution on 31.05.2017 a dead body was recovered from a drain (Nala), near Kapashera Village, Nalawala Road, near Vardhmaan Godown. The deceased was identified as Om Prakash. During the course of investigation, suspicion fell upon the applicant inasmuch as, despite sharing a room with the deceased, he never approached the police to report that the latter was missing. Pursuant 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 24/07/2026 at 11:54:10 thereto, the applicant was interrogated, during which he admitted his involvement in the murder of the deceased. Thereafter, the applicant was arrested on 03.06.2017. 3. In these facts, this Court has heard learned counsel for the applicant and learned APP for the State supported by learned counsel for the LRs of the deceased. 4. While dealing with the present bail application, this Court is not only cognizant of the fact that the allegations against the applicant are grave and serious, attracting Sections 302/201/34 IPC, but also of the severity of punishment therefor, if convicted. However, at the same time, it can also not be belied that, the aforesaid, in all cases, cannot be the sole ground for denying bail to the applicant. This Court has also the duty to weigh the same with other factors/ considerations/ circumstances like the accused having no prior criminal antecedents, the stage of trial/ proceedings before the learned Trial Court, the chances of accused fleeing/ absconding, the chances of witness tampering and/ or being threatened, the nature, character, behaviour, standing of the accused in the society, the nominal roll received from Jail Authorities showing the conduct of the said inmate when inside jail, possibility of the offence being repeated if released on bail. 5. As per records, the applicant herein is a first timer having clean antecedents, who, as an accused, has already undergone incarceration for almost six and half years. Significantly, the applicant during this prolonged period of incarceration, has also been able to demonstrate his reformation/ transformation, which is vividly reflected from the fact that [i] the applicant, previously, was released on interim bail on two occasions 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 24/07/2026 at 11:54:10 pursuant to the directions of the High-Powered Committee constituted during the Covid-19 pandemic and, on both the occasions, he surrendered before the Jail Authorities within the stipulated time; [ii] that during the past years, there is/ are no allegations and/ or untoward pointing towards the applicant which reflect that he has tried to influence the witnesses and/ or tamper with the evidence and/ or hamper the trial at any stage; and lastly [iii] that the Nominal Roll of the applicant shows that his overall conduct as ‘Satisfactory’. 6. 6. Accordingly, keeping in mind all the above factors, particularly, his arc of reformation during his custody, as also considering that the trial in the present case is already at its fag end, with the evidences of public witnesses having been completed and that the co-accused Prakash has already been admitted to bail, this Court is of the considered opinion that the applicant is entitled to grant of a regular bail. 7. As such, the present application is allowed. The applicant be thus released on regular bail in proceedings arising out of FIR No.208/2017 dated 31.05.2017 registered at PS.: Kapashera under Section 302/201/34 IPC, upon his furnishing a personal bond in the sum of Rs.50,000/- [Rupees Fifty Thousand Only] along with one surety of the like amount by a family member/ friend having no criminal case pending against him/ her and subject to the satisfaction of the Jail Superintendent, and further subject to the following conditions: i. Applicant shall not leave NCT of Delhi without prior permission of this Court and shall ordinarily reside at the address as per prison records. If he wishes to change his residential address, he shall immediately intimate about the same to the IO by way of an 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 24/07/2026 at 11:54:10 affidavit. ii. Applicant shall surrender his passport, if any, to the IO, within a period of three days. iii. Applicant shall appear before the Court as and when the matter is taken up for hearing. iv. Applicant shall provide all his mobile numbers to the IO concerned which shall be kept in working condition at all times and shall not be switch off or change the mobile number without prior intimation to the IO concerned. Mobile location be kept on at all times. v. Applicant shall report to the IO at PS: Kapashera once every month in the first week of the month unless leave of every such absence is obtained from the learned Trial Court. vi. Applicant shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses, or tamper with the evidence of the case. 8. The present bail application, along with pending applications, if any, is disposed of. 9. Copy of this order be sent to the concerned Jail Superintendent for information and compliance. 10. Needless to say, expression of view(s) on the merits involved, if any, are solely for the purposes of adjudication of the present bail application and shall have no bearing on the overall case/ trial involved. SAURABH BANERJEE, J JULY 21, 2026/bh 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 24/07/2026 at 11:54:10