MOHD. MUSTAK vs STATE NCT OF DELHI

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22.01.2026 + BAIL APPLN. 4050/2025 & CRL.M.A. 31489/2025 MOHD. MUSTAK .....Petitioner Through: Mr. Pavitraveer Singh, Mr. Akash, Advocates. versus STATE NCT OF DELHI .....Respondent Through: Mr. Hemant Mehla, APP for State with Inspector Mahesh Kumar, PS Kartavya Path. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The accused/applicant seeks regular bail in case FIR No. 48/2023 of PS Kartvya Path for offence under Section 304 IPC. 2. Broadly speaking, the case against the accused/applicant, as culled out of the FIR is that on 26.09.2023, in the course of exchange of hot words between the accused/applicant and maternal uncle (Akhtar Hussain) of the first informant, the accused/applicant inflicted a rod blow on the head of Akhtar Hussain, due to which he fell down and the accused/applicant fled away. The entire incident was allegedly witnessed by the first informant BAIL APPLICATION 4050/2025 Page 1 of 4 pages Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec4 5569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d155 Signature Not Verified 70996b40f80cbd2eee60402c487965ff801e2 6fa, cn=GIRISH KATHPALIA Date: 2026.01.22 17:58:33 -08'00' Digitally Signed By:NEETU N NAIR Signing Date:22.01.2026 18:06:19 Aman. The injured was taken to hospital, but unfortunately after few days he died. 3. Learned counsel for accused/applicant submits that the accused/applicant is innocent and has been falsely implicated. According to learned counsel for accused/applicant the manner in which the alleged injury was suffered by Akhtar Hussain is not believable and