SUMRAT @ BAHADUR vs STATE OF NCT OF DELHI

Judgment text excerpt

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 14.01.2026 + BAIL APPLN. 127/2026 & CRL.M.A. 1072/2026 SUMRAT @ BAHADUR .....Petitioner Through: Ms. Malvika Kulkarni, Advocate. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Amit Ahlawat, APP for State with Inspector Sanjeev Kumar and SI Rameshwer, PS HNRS. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The accused/applicant seeks regular bail in case FIR No.02/2023 of PS HNRS for offence under Section 411/413 IPC. 2. Broadly speaking, the allegation against the accused/applicant is recovery of only one stolen mobile phone from his possession. It is also an admitted position that initially the accused/applicant was not arrested and chargesheet was filed without arrest but subsequently on account of his involvement in few other cases, the accused/applicant was arrested on 20.06.2023. Since that day he is in custody. BAIL APPLICATION 127/2026 Page 1 of 2 pages Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4af ec45569af3962c6fb4835d435f97626cacc a, ou=HIGH COURT OF DELHI,CID - Signature Not Verified KATHPALIA 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d 15570996b40f80cbd2eee60402c487965ff 801e26fa, cn=GIRISH KATHPALIA Digitally Signed Date: 2026.01.14 17:29:56 -08'00' By:NEETU N NAIR Signing Date:14.01.2026 17:46:07 3. The complainant de facto was naturally not able to identify the accused/applicant as allegation against him is not of theft but of recovery of the allegedly stolen mobile phone. As regards the other involvements, admittedly in most of the cases the accused/applicant stands acquitted. So far as the alleged recovery proceedings are concerned, there was only one witness, that too