Delhi High Court – Orders
Mandeep vs State Of N.C.T. Of Delhi on 8 April, 2026
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 4816/2025, CRL.M.A. 37032/2025
MANDEEP .....Petitioner
Through: Mr. Amit Kumar, Advocate.
versus
STATE OF N.C.T. OF DELHI .....Respondent
Through: Mr. Shoaib Haider, APP for the State.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 08.04.2026
CRL.M.A. 37031/2025_(exemption)
Exemption granted, subject to just exceptions.
The application stands disposed-of.
BAIL APPLN. 4816/2025
By way of the present petition filed under section 483 read
with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the
petitioner seeks regular bail in case FIR No.303/2024 dated
09.05.2024 registered under sections 392/397/34 of the Indian Penal
Code, 1860 (‘IPC‘) at P.S.: Burari, Delhi. Consequent upon
completion of investigation, offences under sections 411/451 of the
IPC and sections 25/27/59 of the Arms Act, 1959 have been added
vide chargesheet dated 30.09.2024.
2. Notice on the petition was issued on 11.12.2025.
BAIL APPLN. 4816/2025 Page 1 of 6
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3. Status Report dated 25.01.2026, though stated to have been filed, is
not on record. A copy of the same has been handed-up in court. The
same is taken on record.
4. Nominal roll dated 02.04.2026 has also been received from the Jail
Superintendent.
5. Mr. Amit Kumar, learned counsel appearing for the petitioner
submits, that the petitioner was arrested in the present case on
03.07.2024 and has been in custody ever-since. He submits that a
perusal of the FIR and the chargesheet would show, that the allegation
against the petitioner is that he was riding pillion on a motorcycle,
when the offence was allegedly committed using that motorcycle.
6. Mr. Kumar submits, that the petitioner is alleged to have been
identified in a TIP, which is clearly flawed, since at the time of the
incident, the petitioner is stated to have been wearing a helmet,
despite which a supposed eye-witness has identified him in the TIP.
7. Counsel also submits, that it is the admitted case of the prosecution
that neither any robbed goods nor the motorcycle have been recovered
from the petitioner. He submits, that the gun that is alleged to have
been used for the commission of the offence, is also alleged to have
been recovered from co-accused Ravinder.
8. Counsel points-out that co-accused Ravinder, who is the main
accused in the case, has already been granted regular bail vidé order
dated 03.12.2025 passed in BAIL APPLN. No. 3537/2025 by aCo-
ordinate Bench of this court, a copy of which order is appended to the
present petition.
BAIL APPLN. 4816/2025 Page 2 of 6
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9. Furthermore, learned counsel argues, that of the other two cases
which are shown as pending against the petitioner in the nominal roll,
i.e., FIR No.465/2024 registered at P.S.: Burari, Delhi and FIR
No.273/2024 registered at P.S.: Swaroop Nagar, Delhi, the petitioner
is on bail in both of them.
10. It is submitted, that the prosecution has cited 15 witnesses in the
chargesheet, of which 01 witness has been dropped; but only 02 of the
other prosecution witnesses have been examined so far despite lapse
of about 02 years from the date of the petitioner’s arrest. Counsel
argues that the petitioner cannot be kept in judicial custody as an
undertrial when the trial is likely to take a long time.
11. On the other hand, opposing the grant of bail, Mr. Shoaib Haider,
learned APP for the State submits, that the petitioner has been
identified by an eye-witness since it was the co-accused (driver of the
bike) who was wearing a helmet at the time of commission of offence,
but the petitioner, who was riding pillion, was not wearing a helmet.
Learned APP submits, that the petitioner has been charged with
having planned and carried-out the offence along with the co-accused
persons, since it was the petitioner who waited outside the victim’s
shop; then robbed him of Rs.01 lac on gunpoint along with the co-
accused; and also physically assaulted the victim and his co-worker.
12. Learned APP submits, that the petitioner has been correctly identified
by the complainant; and furthermore, considering the petitioner’s
other criminal involvements, he does not deserve to be enlarged on
regular bail.
BAIL APPLN. 4816/2025 Page 3 of 6
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13. Upon a conspectus of the submissions made and the documents on
record, the considerations that weigh with this court at this stage are
the following:
13.1. Admittedly, no recovery has been made from the petitioner,
either of the amount robbed or of the gun or the motorcycle,
that are alleged to have been used in the commission of the
offence.
13.2. The petitioner disputes his presence at the time of the offence;
and though a TIP has been conducted, whether or not the
petitioner has been duly identified as one of the assailants is to
be decided in the course of trial.
13.3. Of the 14 remaining prosecution witnesses, only 02 have been
examined so far; and it is evident that the trial will take a long
time to conclude.
13.4. In the meantime, the petitioner has been in judicial custody
since 03.07.2024 as an undertrial; his nominal roll reflects that
his jail conduct has been ‘satisfactory’; and furthermore, as
narrated above, the petitioner is on bail in the other two cases
in which he is charged.
13.5. Co-accused Ravinder has already been enlarged on regular bail
vidé order dated 03.12.2025 made in BAIL APPLN.
No.3537/2025 by a Co-ordinate Bench of this court.
14. Considering the aforesaid facts and circumstances, including the
period of the petitioner’s incarceration as an undertrial and the fact
BAIL APPLN. 4816/2025 Page 4 of 6
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that the trial will take a long time to conclude, and in keeping with the
decision of the Supreme Court in Union of India vs. K.A. Najeeb1
and by the undersigned while sitting in Division Bench in Mohd.
Hakim vs. State (NCT of Delhi)2 this court is persuaded to allow the
present petition. Accordingly, the petitioner – Mandeep s/o Jai
Kishan- is admitted to regular bail pending trial subject to the
following conditions:
14.1. The petitioner shall furnish a personal bond in the sum of Rs.
25,000/- (Rs. Twenty-five Thousand Only) with 02 sureties in
the like amount from family members, to the satisfaction of the
learned trial court;
14.2. The petitioner shall furnish to the Investigating Officer/S.H.O.,
P.S.: Burari, Delhi a cellphone number on which the petitioner
may be contacted at any time and shall ensure that the number
is kept active and switched-on at all times;
14.3. If the petitioner has a passport, he shall surrender the same to
the learned trial court and shall not travel out of the country
without prior permission of the learned trial court;
14.4. The petitioner shall not contact, nor visit, nor offer any
inducement, threat or promise to any of the prosecution
witnesses or other persons acquainted with the facts of case.
The petitioner shall not tamper with evidence nor otherwise
indulge in any act or omission that is unlawful or that would
1
(2021) 3 SCC 713
2
2021 SCC OnLine Del 4623
BAIL APPLN. 4816/2025 Page 5 of 6
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prejudice the proceedings in the pending trial;
14.5. In case of any change in his contact details, the petitioner shall
promptly inform the I.O. in writing.
15. Since the petitioner is facing trial and would therefore be appearing
before the learned trial court from time-to-time, it is not considered
necessary to impose a reporting requirement as a condition of regular
bail.
16. Nothing in this order shall be construed as an expression of opinion
on the merits of the pending matter.
17. A copy of this order be sent to the concerned Jail Superintendent
forthwith.
18. The petition stands disposed-of in the above terms.
19. Other pending applications, if any, are also disposed-of.
ANUP JAIRAM BHAMBHANI, J
APRIL 8, 2026/ak
BAIL APPLN. 4816/2025 Page 6 of 6
This is a digitally signed order.
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