Delhi High Court – Orders
Akshay @ Golu vs The State N.C.T Of Delhi And Anr on 23 April, 2026
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 739/2026
AKSHAY @ GOLU .....Applicant
Through: Mr. Mukesh Kalia, Mr. Shivam
Sharma and Ms. Kanika Vohra,
Advocates.
versus
THE STATE N.C.T OF DELHI AND ANR .....Respondents
Through: Mr. Raghuinder Verma, APP for
the State with Mr. Gourav Singh,
Advocate
Inspector Amit Dutt and Inspector
Chetan Singh, PS-Khyala.
Mr. Sanchit Sehgal and Mr.
Nagendra Singh, Advocates for
complainant.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 23.04.2026
1. By virtue of this application under Section 439 of the Code of
Criminal Procedure, 1973 (CrPC) read with Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant seeks grant of
regular bail in FIR No.7/2021 dated 03.01.2021 registered at PS.:Khayala,
New Delhi under Sections 302/147/148/149/34 of the Indian Penal Code,
1860 (IPC).
2. Briefly put, as per FIR, on 03.01.202 at about 01:30 AM,
complainant/ brother of the deceased received a call from one Nitin @
Lussy, informing him about the deceased being brutally assaulted by one
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Vicky and his associates. Upon receipt thereof, the complainant reached
the spot and took the deceased to the Hospital, where he was declared
‘brought dead’. Nitin further informed the complainant that Vicky owed
certain money to the deceased and was making excuses to pay it back and
as such, on that fateful night, when deceased along with Nitin and Pradeep
went to Vicky’s house to ask for the said money back, a scuffle ensued
between both the parties, which resulted Vicky and his associates brutally
attacking the deceased with a baseball bat on his head, resulting in his
death. Thereafter, based on the statement of the complainant, the present
FIR came to be registered.
3. During investigation, the co-accused persons namely, Deepak
Ahirwal and Hemraj were arrested, who during interrogation disclosed the
involvement of the present applicant in the murder of the deceased as well.
Also, CCTV footage of cameras covering the incident were obtained,
which showed the present applicant at the spot and his active involvement
in the crime. Eventually, the present applicant was arrested on 02.09.2021.
4. In these facts, learned counsel for the applicant praying for release
of the applicant on regular bail submits that [i] the applicant is a student
with no prior criminal antecedents, and has been falsely implicated in the
present case only on the basis of disclosure statement of the co-accused
persons; [ii] the FIR was lodged on the basis of hearsay statement and
does not contain any allegation against the applicant; [iii] no direct or
specific allegation has been levelled against the applicant in the
chargesheet; [iv] the prosecution witnesses, Nitin and Pradeep, in their
Section 161 CrPC statement did not name the applicant and would not
have been able to identify the applicant; [v] the CCTV footage of the
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incident does not show that the applicant had assaulted the deceased; [vi]
there are serious and material contradictions between the oral evidence
and the footage of CCTV, and even the FSL report qua the genuineness of
CCTV has not been filed since last more than 5 years; [vii] the prosecution
failed to conduct the Test Identification Parade (TIP) for the purpose of
establishing the identity and involvement of the applicant; [viii] the
applicant is in custody since 02.09.2021 and investigation stands
concluded with chargesheet having been filed; and lastly [ix] there are as
many as sixty-two prosecution witnesses, of which, only two have been
completely examined and two partly examined till date and thus, it is very
likely that conclusion of trial will take time. To buttress the aforesaid
contentions, learned counsel for the applicant has placed reliance upon
Deepak Tiwari v. The State NCT of Delhi : 2024:DHC:8697; Aman
Gaur v. State : 2012 [1] JCC 415; Sanjay Chandra v. Central Bureau of
Investigation : (2012) 1 SCC 40; Tapas Kumar Patil v. State of
Chhattisgarh : SLP(Crl.) No.15971/2024; and Union of India v. K.A.
Najeeb : SLP(Crl.) No.11616/2019.
5. Per contra, learned APP for State, relying upon the Status Report,
opposed grant of bail to the applicant. He submits that [i] the allegations
against the applicant are serious in nature; [ii] as per CCTV camera
footage, the applicant was present on the spot at the time of the incident
and was actively involved in the murder of the deceased and had brought
other assailants with him to the scene of crime; [iii] the eye-witness Nitin
in his supplementary statement had duly identified the applicant and
confirmed his involvement in the crime; [iv] proclamation proceedings
under Section 82 CrPC were initiated against the applicant since he was
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absconding; [v] the trial is at the nascent stage and if bail granted to the
applicant, then he may tamper with the evidence, influence/threaten the
witnesses, jump the bail and may not join the trial.
6. Learned counsel for the respondent no.2/ complainant, relying upon
the written synopsis, which has been handed over and is taken on record,
supported and reiterated the case of the prosecution.
7. Heard learned counsel for the parties and perused the record.
8. Though this Court is cognizant of the fact the offence alleged is
grave and serious in nature, however, while deciding the present bail
application due weightage must be given to the fact that the name of the
applicant does not find mention either in the FIR or in the initial
statements Section 161 CrPC of the two eyewitnesses Nitin and Pradeep.
Admittedly, the applicant has been subsequently brought into the picture
primarily on the basis of disclosure statements of co-accused persons
Deepak Ahirwal and Hemraj, and a supplementary statement of witness
Nitin. Further, though as per Status Report, the applicant is stated to be
visible in the CCTV footage and is actively involved in the incident,
however, this Court cannot lose sight of the fact that till date no FSL
report has been filed qua the genuineness thereof. Moreover, in such
circumstances, the failure of prosecution to conduct a TIP is significant at
this stage.
9. The applicant is a young person with clean antecedent and having a
life and future ahead. He has already been in custody for more than four
and a half years with a ‘Satisfactory’ conduct while inside the jail. As per
records, the trial is still at a nascent stage as only 2 witnesses out of the 62
named have been completely examined and other 2 witnesses have only
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been partly examined till date. It is likely that conclusion of trial will take
time. As such, taking a cumulative view of the aforesaid factors, this is a
fit case for granting regular bail to the applicant.
10. Accordingly, the present application is allowed. The applicant thus
be released on regular bail in proceedings arising out of FIR No.7/2021
dated 03.01.2021 registered at PS.:Khayala, New Delhi under Sections
302/147/148/149/34 of the Indian Penal Code, 1860 subject to him
furnishing a personal bond in the sum of Rs.25,000/- [Rupees Twenty Five
Thousand Only] along with one surety of the like amount by a family
member/ friend having no criminal case pending against him/ her and
subject to the satisfaction of the Jail Superintendent, and further subject to
the following conditions:
i. Applicant shall not leave NCT of Delhi without prior
permission of this Court and shall ordinarily reside at the address as
per prison records. If he wishes to change his residential address, he
shall immediately intimate about the same to the IO by way of an
affidavit.
ii. Applicant shall surrender his Passport, if any, to the IO,
within a period of three days.
iii. Applicant shall appear before the Court as and when the
matter is taken up for hearing.
iv. Applicant shall provide all his mobile numbers to the IO
concerned which shall be kept in working condition at all times and
shall not be switch off or change the mobile number without prior
intimation to the IO concerned. Mobile location be kept on at all
times.
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v. Applicant shall report to the IO at PS: Khayala once every
month in the first week of the month unless leave of every such
absence is obtained from the learned Trial Court.
vi. Applicant shall not indulge in any criminal activity and shall
not communicate with or come in contact with any of the
prosecution witnesses, or tamper with the evidence of the case.
11. The present application is disposed of in terms of the aforesaid.
12. Copy of this order be sent to the concerned Jail Superintendent for
information and compliance.
13. Needless to say, expression of view(s) on the merits involved, if
any, are solely for the purposes of adjudication of the present bail
application and shall have no bearing on the overall case/ trial involved.
SAURABH BANERJEE, J
APRIL 23, 2026/NA/GA
BAIL APPLN. 739/2026 Page 6 of 6
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 27/04/2026 at 21:52:45