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IN THE HIGH COURT OF DELHI AT NEW DELHI
GIRISH KATHPALIA
Sifarish Khan – Appellant
Versus
State (Govt Of Nct) – Respondent
JUDGMENT :
GIRISH KATHPALIA, J.
1. The petitioner seeks to be released on bail in case FIR No. 346/2024 of P.S. Kotla Mubarakpur for offences under Sections 319(2)/318(4)/61(2) of BNS.
2. Broadly speaking, prosecution case is as follows. On 05.10.2024, a complaint was lodged before the local police by one Shri Ravinder Sharma, alleging that on suggestion of his friend Sanjay to the effect that from Nepal, gold at rates 30% cheaper can be purchased, in order to do so on 03.10.2024 accompanied with his nephew Aman, carrying cash Rs.11,00,000/- he went to South Extension Metro Station Gate No. 3, where on directions of Sanjay, he met one Deepak, who led them to office in J-Block South Extension Part I. There he handed over Rs. 11,00,000/- to Deepak and the latter handed over gold in a bag, offering to deliver the bag in the car of the complainant. Thereafter, complainant, Deepak and Aman started walking towards the car. In the meanwhile, on a Pulsar motorbike two persons came, who were wearing police shoes and khaki pants and one of them who was carrying a “pistol-like instrument” snatched the gold bag and asked them about the same. Seeing this, Deepak and Aman fled away and the persons
Insufficient evidence connecting the petitioner to the alleged offence justified the granting of bail.
The court granted bail based on the completion of investigation, lack of evidence for custodial interrogation, and absence of convictions in previous cases.
Personal liberty is a fundamental right, and bail should be granted to ensure attendance at trial, not as a punitive measure.
Bail may be granted when serious allegations lack substantial recovery evidence, and judicial custody duration is considered.
The recovery of incriminating evidence, including the murder weapon and blood-stained clothes, along with the gravity of the offense, influenced the court's decision to dismiss the bail petition.
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