BAIL APPLN. 1668/2026 1 $~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010188242026 + BAIL APPLN. 1668/2026 DURGESH MISHRA @ SONU .....Petitioner Through: Mr. Yogesh Chhabra, Advocate versus THE STATE GOVT OF NCT OF DELHI AND ANR .....Respondent Through: Ms. Priyanka Dalal, APP for State with Insp. Naveen Kumar and Insp. Davinder Kumar, PS S.P. Badli CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 13.08.2026 1. Applicant seeks regular bail in case FIR No. 0853/2023, registered at Police Station Samaipur Badli for commission of offences under Sections 395/302 IPC. 2. As per prosecution story, incident in question had taken place on night intervening 26.09.2023 and 27.09.2023. 3. Informant i.e. PW3 Manish was with Sundaram Mann @ Sidhu (since deceased herein). When they both reached at MCD School, Gali No. 23, Libas Pur, six boys came there. They were armed with lathi, danda, rod and knife and started beating Manish as well as Sidhu. They wanted to rob them also, and took out a sum of Rs. 200/- from the pocket of Sidhu, but not before giving him several knife blows. Sidhu was immediately rushed to Ambedkar 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 14/08/2026 at 11:25:16 BAIL APPLN. 1668/2026 2 Hospital where he was declared ‘brought dead’. 4. During investigation, accused persons were apprehended. 5. Police was also able to collect CCTV footage. 6. Applicant herein had refused to participate in Test Identification Parade (TIP). 7. After framing of the charges, the learned Trial Court called the material prosecution witness i.e. complainant PW1 Manish. In his testimony, though, he claimed that when he and Sundaram Mann were together, they were attacked by six boys who were armed with lathi, danda, rod and knife but on the most material aspect of the case i.e. identification, he did not support the case of prosecution. He deposed that he was not in a position identify any of the accused person. CCTV footage in question was also played during recording of his testimony. However, despite the aforesaid CCTV footage, he claimed that he was in no position to identify any of the assailants. He was cross-examined by the prosecution with the permission of the learned Trial Court but despite that he remained adamant and failed to identify them. So much so, in his cross-examination, he volunteered that he could not identify the assailants as he had not seen them properly and moreover, they had covered their faces at the time of incident. 8. Nominal Roll of the applicant has been received, which indicates his incarceration period close to three years. His overall jail conduct is recorded as satisfactory. 9. He was also booked in two other robbery cases which also, allegedly, took place same night. He is, reportedly, on bail therein. 10. The application has been opposed. It is contended that incident is captured in CCTV and it does not matter much if the eyewitness is unable to 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 14/08/2026 at 11:25:16 BAIL APPLN. 1668/2026 3 identify anyone. Learned Addl. P.P. for State relies upon DNA report and contends that it connects the applicant with offence in question. 11. Keeping in mind the overall facts and circumstances of the case, albeit, without expressing any opinion over the merits of the case, applicant is admitted to bail on his furnishing personal bond and surety bond in a sum of Rs. 25,000/- each subject to the satisfaction of learned Trial Court/Chief Judicial Magistrate/Duty Judicial Magistrate First Class with the following conditions:- (a) Surety would be local. (b) Applicant shall appear before the learned Trial Court regularly on date(s) fixed. (c) Applicant/accused shall not come in contact of any witness, directly or indirectly. (d) The applicant/accused shall not leave NCR of Delhi, without permission of learned Trial Court. (e) The applicant/accused shall provide his mobile number to the investigating officer and shall keep the same operational all the time, till the disposal of the case. (f) Applicant shall not indulge in any unlawful and illegal activities in future. 12. The application stands disposed of in aforesaid terms. 13. A copy of this order be sent to the concerned Court and also to the Jail Superintendent for necessary information and compliance. MANOJ JAIN, J AUGUST 13, 2026/dr/sa 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 14/08/2026 at 11:25:16