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2026 DAILYLAW 17739 (DEL)

GAURAV @ RAKESH KUMAR v. THE STATE (NCT OF DELHI)

BAIL APPLN./3790/2026 · 2026-09-10

Prateek Jalan

body2026

Judgment text

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BAIL APPLN. 3790/2026 $~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010429062026 + BAIL APPLN. 3790/2026 & CRL.M.A. 28122/2026 GAURAV @ RAKESH KUMAR .....Petitioner Through: Ms. Urvashi Bhatia, Mr. Farheen Intakhab & Mr. Ankit Rajput, Advocates. versus THE STATE (NCT OF DELHI) .....Respondent Through: Mr. Yudhvir Singh Chauhan, APP. Insp. Yogesh Kumar, TI/Rohini. SI Kuldeep, PS Prem Nagar. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN O R D E R % 10.09.2026 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. 895/2022, dated 23.11.2022, registered at P.S. Prem Nagar under Sections 498-A/304-B/34 of the Indian Penal Code, 1860 [“IPC”]. 2. The case concerns the death of the applicant’s wife and involves an offence of dowry death. It is an admitted position that the material witnesses, including the family members of the deceased, are yet to be fully examined. Of the four material witnesses, one has already been examined and the examination-in-chief of the remaining three witnesses has been concluded, with their cross-examination yet to be conducted on behalf of the accused. 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 14/09/2026 at 15:48:01 BAIL APPLN. 3790/2026 3. In view of the nature of the offence, and the stage of proceedings, I am of the view that, instead of entertaining this application at this stage, it is appropriate to permit the applicant to seek bail afresh after evidence of material witnesses has been recorded. 4. However, Ms. Urvashi Bhatia, learned counsel for the applicant, submits that the proceedings before the learned Trial Court are not progressing, and requests that the evidence of the remaining material witnesses be recorded expeditiously. Accordingly, the learned Trial Court is requested to expedite the recording of evidence of the remaining material witnesses. Mr. Yudhvir Singh Chauhan, learned Additional Public Prosecutor for the State, submits that the prosecution shall take all necessary steps and extend its cooperation in this regard. 5. The present application, alongwith any pending application, is accordingly dismissed, without prejudice to the applicant’s right to approach the learned Trial Court at an appropriate stage, including in the event of any inordinate delay in the recording of the testimony of the material witnesses. 6. It is clarified that this Court has not expressed any opinion on the merits of the case, and all rights and contentions of the parties are left open to be considered in accordance with law before the learned Trial Court. PRATEEK JALAN, J SEPTEMBER 10, 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 14/09/2026 at 15:48:01