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2025 Supreme(Online)(Del) 4531
IN THE HIGH COURT OF DELHI AT NEW DELHI
Girish Kathpalia, J
ABHISHEK KHATRI ALIAS JAGTAR – Appellant
Versus
THE STATE OF NCT OF DELHI – Respondent
BAIL APPLN. 2987/2025
For the Appellants/Petitioners: Mr. Ashok Dahiya
For the Respondents: Mr. Amit Ahlawat, APP for State with SI Dinesh Kumar
The court emphasized the necessity of substantial medical evidence for serious allegations and allowed bail due to insufficient proof of injury.
Headnote:In this case, the accused/applicant sought anticipatory bail for allegations of assault under multiple sections. The court noted the disparity in the medical records and the satisfaction of prior bail granted to a co-accused. The court found the investigation unsatisfactory and questioned the evidence produced. The primary issues included the adequacy of the medical evidence and the process of evidence collection. The court framed the issues around the presentation of medical evidence and whether the accused’s situation warranted parity with the granted bail of the co-accused. The court emphasized the importance of substantial medical documentation to support serious allegations. It concluded that the existing evidence did not sufficiently demonstrate guilt, hence allowing the bail application. The anticipatory bail application is allowed, subject to specified conditions.
| Table of Content |
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| 1. accused seeks anticipatory bail in an assault case. (Para 1) |
| 2. argument for parity with co-accused bail. (Para 2) |
versus THE STATE OF NCT OF DELHI .....Respondent Through: Mr. Amit Ahlawat, APP for State with SI Dinesh Kumar, PS NIA CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL)
1. The accused/applicant seeks anticipatory bail in case FIR No. 514/2025 of PS Narela Industrial Area for offence under Section 109(1)/351(2)/118(1)/126(2)/3(5) of BNS . Broadly speaking, the allegation against the accused/applicant is that along with co-accused Rohit Khatri @ Jonty, he assaulted the victim with iron rod, sticks and iron stand, thereby causing multiple fractures on both his lower and upper limbs.
2. Learned counsel for accused/applicant mainly seeks parity on the BAIL APPLN. 2987/2025 Page 1 of 4 pages Signature Not Verified GIRISH KATHPALIADD2CscDen .O iN a 5r g =tiU:4ae G tcRl: a2N = I2 TR l0I u0 yNO= Sm2 s, H 8F 5 io b g4 . DK = 0e0n A8 EH r1e =. LT d 0 IdGHdH8 b 3 HI P 8, 1 y Ce A8 C 8I G9 LD : O 60 b I I A7 RU-29 : 7R7S 60 HaT 344 O -5 K 7 01 AF6b 7e 3 T ' 2D 0c8 Hf4 E6, P 5 L ' 5p AH cfo0 LIs, 7 I t Aeba4 l5Cadofe1dc5e4=57106909a6fb3349, 06sft28=c0D6cfebbldh42i8, e35d6403450f927c642867c9a65fa8, 0o1ue=2H6IfGaH, Digitally Signed ground that co-accused Rohit Khatri @ Jonty with exactly same role as ascribed to the accused/applicant was granted regular bail by this court on 31.07.2025. The order dated 31.07.2025 by which co-accused Rohit Khatri @ Jonty was granted regular bail is Annexure P-3 to this petition.
3. Learned APP accepts notice and submits that bail was granted to co- accused Rohit Khatri @ Jonty for the reason that his Medico Legal Report (MLR) dated 29.05.2025 reflected multiple lacerated wounds and tenderness over both limbs, but also recorded that no X-ray could be performed; and that being so, evidently, correct picture was not presented before the Court of Sessions. On 31.07.2025, the IO had also produced a medical document bearing signatures of Dr. Kumar Bharat with the opinion that as per documents of Hasija Hospital, the injury was grievous, but IO had not collected those documents from Hasija Hospital or the government hospital where Dr. Kumar Bharat is posted as Medical Officer. As such, bail was granted to Rohit Khatri @ Jonty. Learned APP assisted by IO/SI Dinesh Kumar submits that after grant of bail to Rohit Khatri @ Jonty, IO has collected documents from Hasija Hospital.
4. I have examined the medical record of Hasija Hospital, produced by the IO. To say the least, investigation in this case does not appear to be satisfactory in any manner.
5. To begin with, there is no Case Diary to show the collection of the Hasija Hospital records by the IO. Even the said records are only photocopies of the Discharge Summary of the injured. IO submits that one BAIL APPLN. 2987/2025 Page 2 of 4 pages Signature Not Verified Digitally Signed GIRISH KATHPALIADD2CscDen .O iN a 5r g =tiU:4ae G tcRl: a2N = I2 TR l0I u0 yNO= Sm2 s, H 8F 5 io b g4 . DK = 0e0n A8 EH r1e =. LT d 0 IdGHdH8 b 3 HI P 8, 1 y Ce A7 C 8I G9 LD : O 65 b I I A7 R 9 U-29 : 7R7 4 S 60 HaT 9447 O -5 K 7 01 AF6b 7e 3 T ' 2D 0c8 Hf4 E6, P 5 L ' 5p AH cfo0 LIs, 7 I t Aeba4 l5Cadofe1dc5e4=57106909a6fb3349, 06sft28=c0D6cfebbldh428i, e35d6403450f927c642867c9a6c5fa8, 0o1ue=2H6IfGaH, set of that photocopy was collected by him from mother of the injured while the other set of the same papers (photocopies) was collected by him from the hospital. The original Discharge Summary of the injured prepared at Hasija Hospital has not seen light of the day.
6. Further, there is no Radiologist Report to show that the injured suffered any fracture. In the course of hearing, some police official of PS Narela Industrial Area brought one X-ray film, purportedly of the arms and legs of the injured. That X-ray film depicts plate implants and screws on hands and legs. But that X-ray film is dated 09.07.2025. The alleged incident occurred on 29.05.2025. There is no
