$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010002822026 + BAIL APPLN. 66/2026 KUSHANK @ VISHAL NAIDU .....Petitioner Through: Mr. Kanhaiya Singhal, Mr. Prasanna, Mr. Ajay Kumar, Ms. Avantika Shankar, Ms. Isha Singh, Advs. versus STATE NCT OF DELHI .....Respondent Through: Mr. Aashneet Singh, APP CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 07.09.2026 1. This hearing has been done through hybrid mode. CRL.M.A. 627/2026 (exemption) 2. Allowed, subject to all just exceptions. Application is disposed of. BAIL APPLN. 66/2026 3. The present application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the “BNSS”), seeking regular bail in FIR No. 55/2019, registered at Police Station Inderpuri, Delhi, for offences punishable under Sections 302/307/201/34 of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”), and Sections 25/27 of the Arms Act, 1959. 4. Learned counsel for the applicant submits that the applicant has been in judicial custody since 18.03.2019, barring the periods during which he was released on interim bail in terms of the orders passed by this Court. It is 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 08/09/2026 at 11:39:03 submitted that the applicant has duly surrendered on every occasion and has not misused the liberty granted to him. 5. It is further submitted that the prosecution has cited approximately 50 witnesses, whereas only a few prosecution witnesses have been examined so far. Learned counsel submits that PW-2, who is an injured witness, has not identified the applicant and has not supported the prosecution’s case in material particulars. He further submits that the examination of PW-1 and PW-2 is not yet complete and the trial is unlikely to conclude in the near future. 6. Learned counsel for the applicant submits that the applicant was not the person who fired at the deceased child. It is contended that the applicant neither intended to cause the death of the child nor shared any common intention to commit the alleged offence. 7. Learned counsel for the applicant also submits that the role attributed to the applicant is similar to that of the co-accused Vijay Thevar @ Vijay Balia and Rahul @ Jeetu, who have already been granted regular bail by this Court vide orders dated 13.01.2022 and 02.11.2023, respectively. 8. Per contra, the learned APP for the State opposes the present application. He submits that the allegations against the applicant are serious in nature and relate to the firing incident in which a minor child, aged about six years, lost his life. He further submits that the applicant has two other criminal antecedents and there is a likelihood of his fleeing from justice or misusing the liberty of bail, if granted. 9. This Court has heard learned counsel for the parties and perused the material placed on record. 10. The applicant has previously been released on interim bail and as 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 08/09/2026 at 11:39:03 submitted by learned counsel for the applicant, he has duly surrendered on every occasion and has not misused the liberty granted to him. The fact that the applicant has criminal antecedents has been taken note of. 11. The Court has also taken note of the fact that the co-accused Vijay Thevar @ Vijay Balia and Rahul @ Jeetu have already been granted regular bail by this Court. The applicant claims parity with the said co-accused, particularly on the ground that he was not the person who fired at the deceased child. 12. Keeping in view the period of custody undergone by the applicant, the fact that the investigation is complete, the chargesheet has been filed, the stage of the trial, and the fact that the co-accused have already been granted bail, this Court is of the view that the applicant is entitled to be released on regular bail, subject to stringent conditions. 13. Accordingly, the present application is allowed. The applicant, namely, Kushank @ Vishal Naidu, is directed to be released on regular bail upon furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the learned Trial Court/Duty Magistrate, subject to the following conditions: i. The applicant shall not leave India without prior permission of the learned Trial Court. ii. The applicant shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address. iii. The applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing. 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 08/09/2026 at 11:39:03 iv. The applicant is directed to give his mobile number to the Investigating Officer and keep it operational at all times. v. The applicant shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner. 14. Accordingly, the application is disposed of. Pending application(s), if any, also stand disposed of. 15. It is clarified that any observations made hereinabove are only for the purpose of deciding the present bail application and shall not be construed as an expression of opinion on the merits of the case. 16. Copy of the order be sent to the concerned Jail Superintendent for necessary information and compliance. 17. Order be uploaded on the website of this court forthwith. MADHU JAIN, J SEPTEMBER 7, 2026/b/P 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 08/09/2026 at 11:39:03