BAIL APPLN. 3379/2026 1 $~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010382902026 + BAIL APPLN. 3379/2026 ABDUL NASIR @ NASIR IQBAL @ KHAWAR HAYAT .....Petitioner Through: Mr. Anil Basoya, Mr. Akshat Bisht, Mr. Pradeep Singh, Ms. Priyanshu Bidhuri and Mr. Hasan Ali, Advocates versus THE STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Sunil Kumar Gautam, APP for State/R-1 with Insp. Pramod Kumar, PS Madhu Vihar CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 15.09.2026 1. Applicant seeks regular bail in case FIR No. 289/2020, registered at Police Station Madhu Vihar for commission of offence under Section 302 IPC. 2. Learned counsel for applicant submits that as per the Nominal Roll, the incarceration period of the applicant in the present case is close to 06 years. Nominal Roll indicates his period in custody as 05 years, 07 months and 24 days as on 22.05.2026. 3. Various public witnesses, including the alleged eyewitnesses and wife of the deceased have been examined and according to learned counsel for applicant, none of the material public witnesses have supported the case of 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 16/09/2026 at 11:21:39 BAIL APPLN. 3379/2026 2 prosecution and they all have turned hostile. He submits that the learned Trial Court, though, appreciated the aforesaid fact but refused to grant him bail merely for the reason that he is having involvements in other matters and if released on bail, he would indulge in illegal activities. He submits that his all other co-accused are already on bail. He contends that there is no question of applicant misusing the indulgence, if granted by this Court as all the material public witnesses have graced the witness-box already. 4. Prosecution relies upon statements of 44 witnesses and so far, only 10 witnesses have been examined. 5. Learned Addl. P.P. for State does acknowledge the fact that all the other co-accused persons are on bail and charges are, inter alia, for offence under Section 302/201/120-B IPC. He also acknowledges the fact that all the material public witnesses have been examined and, unfortunately, none of them supported the prosecution case. 6. The Court is conscious of the fact that applicant is involved in various other matters but at the same time, it is also an admitted situation that in such other matters, except the one which has been filed under the stringent provisions of Maharashtra Control of Organised Crime Act, 1999 (MCOCA), he is on bail. 7. Keeping in mind the overall facts and circumstances of the case and the fact that material public witnesses, including eyewitnesses have not supported the case of prosecution and in particular the long incarceration period of the applicant, which is around six years, albeit, without expressing opinion over the merits of the case, applicant is hereby admitted to bail on his furnishing personal bond in a sum of Rs. 25,000/- with two sureties of the like amount subject to the satisfaction of learned Trial Court/Chief Judicial 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 16/09/2026 at 11:21:39 BAIL APPLN. 3379/2026 3 Magistrate/Duty Magistrate with the following conditions: - (a) Sureties would be local. (b) Applicant shall appear before the learned Trial Court regularly on date(s) fixed. (c) 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. 8. The application stands disposed of in aforesaid terms. 9. 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 SEPTEMBER 15, 2026/dr/sy 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 16/09/2026 at 11:21:39