VIRENDER@KALU vs THE STATE GOVT OF NCT OF DELHI

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22.07.2025 + BAIL APPLN. 1696/2025 VIRENDER@KALU .....Petitioner Through: Mr. Gaurav Kochar and Mr. Vishal, Advocates. versus THE STATE GOVT OF NCT OF DELHI .....Respondent Through: Mr. Nawal Kishore Jha, APP for State with Inspector Pushpender and SI Biraj Salvi, PS Sarai Rohilla. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The accused/applicant, in jail for about past five years seeks regular bail in case FIR No. 88/2020 of PS Sarai Rohilla for offence under Section 392/397/452/506/34 IPC. 2. In furtherance of last order, Status Report pertaining to forty three other cases in which the accused/applicant is involved was filed according to learned APP, but the same not being on record, copy of the Status Report has been shown to me. Learned APP admits that in all those forty three cases, the accused/applicant was either acquitted or granted bail at the stage of trial or appeal or was discharged or the offence was compounded. 3. Learned counsel for accused/applicant submits that incarceration for five years in itself is a ground to release the accused/applicant on bail. BAIL APPLN. 1696/2025 Page 1 of 2 pages GIRISH Digitally signed by GIRISH Signature Not Verified KATHPALIA KATHPALIA Date: 2025.07.22 17:35:01 +05'30' Digitally Signed By:NEETU N NAIR Signing Date:22.07.2025 18:04:35 4. As observed in last order, there are only two public witnesses in this case, namely Ms. Chitra Gupta and Mr. Hemchand Gupta. Ms. Chitra Gupta in her testimony stated that she identified the accused/applicant during TIP proceedings only on the basis of physical attributes and otherwise she had not seen his face. Similarly, Mr. Hemchand Gupta in his testimony stated that since at the time of the alleged robbery,