$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1636/2026, CRL.M.A. 13239/2026 MR. KAMAL SINGH @ LANGDA .....Applicant Through: Mr. Deepanshu Goswami, Ms. Kirti Chauhan and Mr. Rohit Sahrawat, 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 SI Sharmila Yadav, PS.: Gulabi Bagh, Delhi 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, the applicant seeks grant of regular bail in proceedings arising from FIR No. 285/2022 dated 23.10.2022 registered at PS.: Gulabi Bagh, Delhi under Sections 328/379/34 of the Indian Penal Code, 1860 (IPC). 2. Status Report handed over by the learned APP is taken on record. 3. As per FIR, one Ishwardin Mishra in a complaint alleged that while transporting 23 ceiling fans on his rickshaw on 21.10.2022, he suddenly felt dizzy after crossing Gulabi Bagh Red Light and lost consciousness. Upon regaining consciousness, the following day, he found that his 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 25/07/2026 at 11:25:09 rickshaw, the goods being transported and his mobile phone had been stolen. During investigation, CCTV footage revealed the involvement of three persons in administering an intoxicating substance to the complainant through a laddu and thereafter stealing the loaded rickshaw. The applicant herein was driving the scooter used in the commission of the alleged offence and was accompanying the co-accused persons during the incident. The applicant along with the other co-accused persons were arrested on 31.10.2022. 4. In this factual backdrop, this Court has heard learned counsel for the applicant as also the learned APP and perused the material on record. 5. As borne out from the record, the CCTV footage is clearly depicting the role of the applicant, during the incident as the scooter he was driving, which was recovered later, was used in the commission of the offence. The Valium (Diazepam) tablets and the clothes allegedly worn by the applicant at the time of the incident have also been recovered. The Call Detail Records (CDRs) show that the applicant was in the vicinity of the scene of crime and in contact with the co-accused at the time of the incident. All these point a finger of suspicion upon the applicant. 6. Moreover, it is also revealed that the applicant is not a permanent resident of Delhi. Also, he has prior criminal antecedents as he has previously been involved in similar offences as well. 7. Lastly, the charge-sheet has since been filed, however, out of twenty-six prosecution witnesses only PW1 has been examined as of now. 8. Regarding the issue of his facing prolonged incarceration, the Hon'ble Supreme Court in Kalyan Chandra Sarkar v. Rajesh Ranjan: (2004) 7 SCC 528, has held that:- 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 25/07/2026 at 11:25:09 “xyz. … … …In such cases, in our opinion, the mere fact that the accused has undergone certain period of incarceration (three years in this case) by itself would not entitle the accused to being enlarged on bail, nor the fact that the trial is not likely to be concluded in the near future either by itself or coupled with the period of incarceration would be sufficient for enlarging the appellant on bail when the gravity of the offence alleged is severe and there are allegations of tampering with the witnesses by the accused during the period he was on bail.” 9. In view thereof, the issues qua his non-identification during the Test Identification Parade and/ or the alleged discrepancy in the registration number of the scooter used in the commission of the offence, since they are all matters requiring trial, they are not being gone into at this stage while this Court is dealing with a grant of regular bail. 10. Thus, taking note of the overall facts and circumstances of the present case, this Court is of the considered opinion that no ground for grant of regular bail is made out at this stage. 11. Accordingly, the present bail application is dismissed. 12. Needless to say, any observations made herein are only for the purpose of adjudication of the present bail application and shall have no bearing on the merits of the case during trial. 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 25/07/2026 at 11:25:09