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2026 DAILYLAW 14343 (DEL)

SAWAN v. STATE GOVT OF NCT OF DELHI

BAIL APPLN./1887/2026 · 2026-08-07

Saurabh Banerjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010216632026 + BAIL APPLN. 1887/2026 SAWAN .....Applicant Through: Mr. Gulshan Sharma, Adv. versus STATE GOVT OF NCT OF DELHI .....Respondent Through: Ms. Meenakshi Dahiya, APP with Mr. Bhanu Pratap Singh and Ms. Vanshika Singh, Advs. with SI- Anup Rana, PS: Khyala Mr. Sarthak Karol, Advocate (DHCLSC) with Ms. Neelakshi Bhadauria and Mr. Shaksham Gupta, Advs. for kith and kin of deceased CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 07.08.2026 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 out of FIR No.724/2024 dated 07.12.2024 registered at PS: Khyala under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Succinctly put, as per prosecution, the applicant caused his mother’s death by strangulation, and in order to misdirect the investigation, he himself called the Police in the evening of 06.12.2024 stating that certain unknown persons had killed his mother. During investigation, upon analysis of CCTV footages as also the phone calls made by him to 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 10/08/2026 at 12:22:43 friends, the applicant was arrested on 07.12.2024. 3. In this backdrop, this Court has heard learned counsels for the applicant and the complainant as well as learned APP, as also perused the documents and materials on record. Written synopsis handed over by learned counsel for the complainant is taken on record. 4. Record reveals that present is a case of circumstantial evidence, and the whole case of the prosecution is based on the CCTV footage wherein the applicant can be seen entering the house at 18:21 hours on the date of the incident, as also the subsequent phone call he made to his friend allegedly 1 minute 42 seconds later. These, by itself, are not sufficient for denying bail to the applicant, more so, since the applicant himself is the complainant, whence he was going to his own residence, and whence there was an earlier call made by him to his own (deceased) mother. Barring the aforesaid, the applicant has clean antecedents. 5. Under such circumstances, the applicant has been facing incarceration for the last one year nine months and his conduct has been ‘Satisfactory’ throughout the said period, as also that as on date 18 witnesses out of 29 prosecution witnesses are still remaining to be examined, are other factors weighing heavily in the mind of this Court. 6. Therefore, for the afore-going reasons, this Court does not see any fetters to granting regular bail to the applicant at this stage. 7. Accordingly, the present application is allowed, and the applicant be released on regular bail in proceedings arising out of FIR No.724/2024 dated 07.12.2024 registered at PS: Khyala under Section 103(1) BNS, subject to him furnishing a personal bond in the sum of Rs.50,000/- [Rupees Fifty Thousand Only] along with one surety of the like amount by 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 10/08/2026 at 12:22:43 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. The applicant shall not leave the NCT of Delhi without prior permission of the learned Trial Court and shall ordinarily reside at his address as per the Trial Court record. In case of any change in the residential/ permanent address/ contact details/ phone number, the applicant shall inform the same to the IO concerned. ii. The applicant shall surrender his Passport, if any, to the IO concerned within three days of his release. iii. The applicant shall provide all his mobile numbers to the IO concerned which shall be kept in working condition at all times. iv. The applicant shall appear before the Trial Court as and when the matter is taken up for hearing. v. The applicant shall not indulge in any criminal activity and shall not contact any of the prosecution witnesses, or tamper with the evidence of the case. 8. Copy of this order be sent to the concerned Jail Superintendent for information and compliance forthwith. 9. Needless to say, expression of view(s) on the merits, if any, are solely for the purposes of adjudication of the present application and shall have no bearing on the overall proceedings involved. SAURABH BANERJEE, J AUGUST 7, 2026/Ab 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 10/08/2026 at 12:22:43