GAURAV vs STATE OF NCT OF DELHI

Judgment text excerpt

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 13.01.2026 + BAIL APPLN. 115/2026 & CRL.M.A. 969/2026 GAURAV .....Petitioner Through: Mr. Sunil Kumar, Advocate versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Amit Ahlawat, APP for State with Inspector Vinod Kumar, PS M.S. Park CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The accused/applicant, suffering incarceration since 01.07.2024, seeks regular bail in case FIR No.323/2024 of PS M.S. Park for offence under Section 302/34 IPC. 2. Briefly stated, according to the prosecution, a blind FIR was registered on the information of discovery of a dead body. The further investigation took the investigating officer to three accused persons including the present accused/applicant. BAIL APPLICATION 115/2026 Page 1 of 4 pages GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb 4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - KATHPALIA 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cb d2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Signature Not Verified Date: 2026.01.13 17:36:06 -08'00' Digitally Signed By:NEETU N NAIR Signing Date:13.01.2026 17:42:40 3. Learned counsel for accused/applicant submits that even the circumstantial evidence collected by the IO during investigation is not sufficient to continue incarceration of the accused/applicant. It is submitted by learned counsel that the star witness of prosecution, namely Gajram in his testimony as PW1 did not support prosecution. It is further contended that there is no reliable evidence on the basis whereof the accused/applicant be denied liberty. 4. Learned APP for State assisted by IO/Inspector Vinod Kumar opposes t