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2026 DAILYLAW 14914 (DEL)

VISHNU SINGH v. STATE NCT OF DELHI & ANR.

BAIL APPLN./2945/2026 · 2026-08-17

Prateek Jalan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

BAIL APPLN. 2945/2026 $~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010334872026 + BAIL APPLN. 2945/2026 VISHNU SINGH .....Petitioner Through: Mr. Utkarsh Singh, Mr. Kartik Sharma, Mr. Faizan Ali & Mr. Kartik Mishra, Advocates. versus STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Yudhvir Singh Chauhan, APP SI Sukhbir Singh, PS Tilak Marg Mr. Kartik Sharma, GP with Mr. Srikrishna Kumar Yadav, Advocate for UOI. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN O R D E R % 17.08.2026 1. By way of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [“BNSS”], the applicant seeks regular bail in connection with FIR No. 103/2025 dated 24.09.2025, registered at Police Station Tilak Marg, under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 [“BNS”] [“subject FIR”]. 2. I have heard Mr. Utkarsh Singh, learned counsel appearing for the applicant, and Mr. Yudhvir Singh Chauhan, learned Additional Public Prosecutor appearing for the State. 3. By order dated 28.07.2026, the Investigating Officer was directed to inform the complainant about the pendency of the present proceedings. Mr. Chauhan has handed over a status report, which is taken on record. 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 20/08/2026 at 14:58:23 BAIL APPLN. 2945/2026 The status report is accompanied by an affidavit dated 14.08.2026 of the Investigating Officer, stating that the complainant has been duly informed about the pendency of the present petition. A copy of the written notice bearing the complainant’s acknowledgment dated 11.08.2026 has also been annexed with the status report. Despite service of notice, the complainant remains unrepresented. 4. The prosecution case, as it emerges from the status report, is that the FIR was registered on 24.09.2025 upon receipt of information regarding a robbery that had taken place near Bhairav Mandir, Pragati Maidan, New Delhi. As per the complaint, the complainant and his friend had collected approximately 400 grams of gold ornaments for hallmarking, and thereafter collected 44.5 kg of silver and silver ornaments from Chandni Chowk. While they were travelling on a scooty at about 04:30 P.M. near the place of occurrence, they were intercepted by two persons riding a motorcycle, who allegedly robbed them at gunpoint of bags containing the aforesaid gold and silver. 5. During the course of investigation, accused Pradeep Kumar and Jai Malik were arrested. The present applicant and another co-accused, namely, Pradeep @ Golu, were subsequently arrested on 29.09.2025. The status report states that, at their instance, 37 kg of silver, 194 grams of gold, one pistol, two motorcycles and one Baleno car, allegedly used in the commission of the offence, were recovered. 6. It is further stated that Jai Malik and Pradeep @ Golu were identified by the complainant during judicial Test Identification Parade proceedings. 7. As regards the role attributed to the present applicant, it is stated 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 20/08/2026 at 14:58:23 BAIL APPLN. 2945/2026 that the applicant and the other co-accused were seen in CCTV footage at Karol Bagh, allegedly planning the robbery. It is further alleged that, after committing the robbery, the other three accused returned to Karol Bagh, where they met the applicant and handed over the robbed articles to him. The applicant is alleged to have thereafter melted the said articles. It is further stated that, at the instance of the applicant, 4.43 kg of silver, 194 grams of gold and Rs.50,000/- in cash were recovered. 8. I am informed that the proceedings before the learned Trial Court are presently at the stage of prosecution evidence. The complainant’s evidence has been recorded, and summons have been issued for the remaining prosecution evidence. 9. Mr. Singh submits that there is no prima facie material connecting the applicant with the commission of the alleged offence. He submits that the prosecution does not allege that the applicant was present at the place of occurrence or participated in the commission of the robbery; rather, his alleged role is limited to melting the silver and gold articles. He further submits that the CCTV footage showing the applicant with the co- accused in Karol Bagh does not, by itself, establish his involvement in the robbery, which took place several kilometres away. His presence in Karol Bagh, he submits, is readily explained by the fact that the shop at which he works is situated there. It is further submitted that the applicant is employed in the business of trading in gold and silver and, therefore, the recovery of such articles from his shop does not, by itself, establish any connection between him and the commission of the present offence. 10. Mr. Chauhan, on the other hand, submits that the applicant’s involvement in the offence is borne out by the CCTV footage, which 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 20/08/2026 at 14:58:23 BAIL APPLN. 2945/2026 shows him in the company of the co-accused, both before and after the commission of the robbery. He further submits that the recovery of gold and silver articles at the instance of the applicant also lends support to the prosecution’s case regarding his involvement in the offence. 11. Having heard learned counsel for the parties and considered the material on record, I am of the view that the present case is a fit case for grant of regular bail. 12. The charge-sheet has already been filed and the prosecution evidence is underway. The applicant has been in custody for almost 11 months. Although the parties have joined issue as to whether the complainant’s evidence has been concluded, I do not consider this aspect to be determinative in the present case, particularly as, even according to the prosecution, the applicant was not present at the scene of the crime and, therefore, would not be required to be identified by the complainant. It is also an admitted position that, apart from the complainant, there are no other public witnesses in the present case. 13. Further, as submitted by Mr. Singh, the CCTV footage merely shows the applicant in the company of the co-accused in the vicinity of his place of employment. The recovery of gold and silver articles at the applicant’s instance is also sought to be explained by the fact that he works at an establishment engaged in the trade of gold and silver. In these circumstances, the material presently available, prima facie, does not indicate a sufficiently proximate nexus to deprive the applicant of his liberty further, pending trial. 14. It is further undisputed that the applicant has no criminal antecedents. 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 20/08/2026 at 14:58:23 BAIL APPLN. 2945/2026 15. Having regard to the aforesaid circumstances, it is directed that the applicant be released on regular bail in connection with the subject FIR, upon furnishing a personal bond in the sum of Rs.20,000/- with one surety in the like amount, to the satisfaction of the learned Trial Court/Duty Magistrate, and subject to the following conditions: a) The applicant shall appear before the learned Trial Court on each and every date of hearing; b) The applicant shall furnish his permanent address, as well as the address at which he resides during the pendency of the proceedings, to the learned Trial Court. In the event of any change in his residential address, the applicant shall intimate the Investigating Officer and file an affidavit to that effect before the learned Trial Court; c) The applicant shall furnish his mobile number to the Investigating Officer/Station House Officer, which shall be kept operational at all times. The applicant shall neither switch off the said mobile number nor change the same without prior intimation to the Investigating Officer during the pendency of the trial; d) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, or tamper with the evidence in any manner whatsoever; e) The applicant shall not leave the country without the prior permission of the learned Trial Court; f) The applicant shall not commit any offence during the period of his release on bail. 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 20/08/2026 at 14:58:23 BAIL APPLN. 2945/2026 16. The bail application, alongwith any pending applications, is disposed of in terms of the above. 17. It is clarified that any observations made in the present order are solely for the purpose of deciding the present bail application, and shall neither influence the trial proceedings, nor be construed as an expression of opinion on the merits of the case. 18. Copy of the order be communicated to the concerned Jail Superintendent electronically for information and necessary compliance. PRATEEK JALAN, J AUGUST 17, 2026 ‘pv’/SD/ 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 20/08/2026 at 14:58:23