$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 11.03.2026 + BAIL APPLN. 1366/2024 & CRL.M.(BAIL) 653/2024 GULAB .....Petitioner Through: Mr. Atul Bandhu, Mr. Karan Ahuja and Mr. Saurabh Agarwal, Advocates.

versus STATE .....Respondent Through: Mr. Sanjeev Sabharwal, APP for State with Inspector Rakesh Kumar.

Mr. Amit Singh Chauhan, DHCLSC with Mr. Kuldeep Kasana and Mr. Ahmad Kamaal, Advocates for complainant.

CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL)

1. The accused/applicant seeks regular bail during the pendency of trial in case FIR No. 400/2020 of PS Shahbad Dairy for offence under Section

302/307/34 IPC and 25/27/54/59 Arms Act.

2. In the first call today, none appeared for accused/applicant so the matter was passed over keeping in mind its old pendency. This matter was heard for the first time on 23.04.2024 by the predecessor bench and thereafter, it remained pending before different benches. Finally, along with 179 similar old pending bail applications, it was transferred to this bench BAIL APPLN. 1366/2024 Page 1 of 4 pages GIRISH D D i N g : i t c a = l I y N s , i o g = n H e I d G b H y C G O IR U I R SH T O KA F T D H E P L A H L I, I A

2.5.4.20=8401dd889b27a77b2f65fe4afec45569af3962c6fb4835d43

5f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, and today is the first hearing before me.

3. In this second call, I have heard learned counsel for accused/applicant and learned APP for State assisted by IO/Inspector Rakesh Kumar. I have also heard learned counsel for complainant de facto.

4. Broadly speaking, circumstances relevant for present purposes are as follows. The FIR was registered on the basis of statement of injured, who stated that on the ill fated night, at about 11:50 pm, the accused/applicant and co-accused Amit @ Mitta apprehended Abhishek, cousin of the injured complainant de facto. The accused/applicant was carrying a country made pistol while Amit was carrying a knife. In the presence of the injured, the accused/applicant fired a shot at Abhishek and co-accused Amit @ Mitta inflicted knife blows. When the injured tried to save himself by running away, the accused/applicant fired a shot which hit his shoulder. On being taken to hospital, Abhishek was declared dead. The injured complainant de facto was administered medical treatment in the hospital.

5. In the above backdrop, learned counsel for accused/applicant contends that since trial is going on slow pace, he deserves to be released on bail. It is also contended that co-accused Ajay, who exhorted the remaining two accused persons, has been granted bail, so the accused/applicant deserves same relief. Learned counsel for accused/applicant has also shown me copies of the ordersheets of the trial court in support of his contention of slow trial. It is submitted by learned counsel that the accused/applicant is in BAIL APPLN. 1366/2024 Page 2 of 4 pages GIRISH D D i N g : i t c a = l I y N s , i o g = n H e I d G b H y C G O IR U I R SH T O KA F T D H E P L A H L I, I A

2.5.4.20=8401dd889b27a77b2f65fe4afec45569af3962c6fb4835d435f

97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, Signature Not Verified KATHPALIA p se o r s ia ta lN lC u o m d b e= er 1 = 1 d 0 3 0 e 0 8 3 6 , 7 st 9 = 6 D 4 e 5 l 1 h e i, c 45c07b5d15570996b40f80cbd2eee604

02c487965f801e26fa, cn=GIRISH KATHPALIA jail for past five and half years.

6. On the other hand, learned APP and learned counsel for complainant de facto strongly oppose the bail application in view of severity of offence and apprehension that if released on bail, the accused/applicant would threaten the eyewitness/injured who is yet to be examined in trial. As regards the time so far spent by the accused/applicant in jail, it is submitted that the offence alleged against him is punishable with death. Learned APP has also referred to the Nominal Rolls reflecting serious charges against the accused/applicant in jail.

7. As regards the contention of slow pace trial, having examined the ordersheets of the lear