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2025 Supreme(Del) 38

IN THE HIGH COURT OF DELHI AT NEW DELHI 
GIRISH KATHPALIA
Naveen Kumar – Appellant
Versus
State Govt Of Nct Delhi – Respondent


Advocates Appeared:
For the Appellant :Ms. Sunita Arora, Advocate
For the Respondent: Mr. Nawal Kishore Jha, APP for State with SI Anoop Kumar, PS Sarojini Nagar

JUDGMENT :

GIRISH KATHPALIA, J.

1. The petitioner seeks to be released on bail in case FIR No.128/2021 of PS Sarojini Nagar for offence under Section 302 IPC. Broadly speaking, the allegation against the petitioner is that he killed his brother Praveen by multiple blows with an iron rod in presence of a number of witnesses. The accused petitioner and his deceased brother were residing in the same labour camp and the petitioner was apprehended by the witnesses on the spot immediately after the assault. From the spot, the deceased as well as the petitioner accused were taken to Safdarjung hospital, where the deceased was declared brought dead and the petitioner accused was found under influence of alcohol.

2. It is argued on behalf of petitioner that there was no eye witness and that no fingerprints or blood stains were lifted from the rod. Besides this, learned counsel for petitioner has addressed at length, contending that there are multiple contradictions in the testimony of the witnesses examined so far.

3. At the outset, it needs to be noted that at the stage of considering a bail application, the court cannot venture into minute appreciation of evidence. However, suffice it to reco

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