$~P-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 17.03.2026 Pronounced on: 06.04.2026 Uploaded on: 06.04.2026 + BAIL APPLN. 492/2026 ZAHID .....Applicant Through: Mr. Azhar Qayum, Mr.

Shahamuddin, Ms. Priyanka Singh, Mr. Zubair, Mr. Devansh Sehgal, Ms. Priyanka Saxena, Mr. Amal Javed and Mr. Anmol Malhotra, Advocates versus GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Yudhvir Singh Chauhan, APP for the State Mr. Vijai Kumar Goswami and Mr. Mohit, Advocates for son of the deceased (VC)

CORAM:

HON’BLE MR. JUSTICE PRATEEK JALAN

J UDG MENT

1. By way of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973), the applicant seeks regular bail in connection with FIR No. 274/2023, dated 08.06.2023, registered under Sections 302/307/394/397/34 of the Indian Penal Code, 1860, [“IPC”] at Police Station Jafrabad, District North East, Delhi.

2. I have heard Mr. Azhar Qayum, learned counsel for the applicant, Mr. Yudhvir Singh Chauhan, learned Additional Public Prosecutor, and Mr. Vijay Kumar Goswami, learned counsel for the family of the deceased. Mr. Chauhan has also placed a status report on record.

3. The case of the prosecution may be summarised as follows:

a. On 08.06.2023, four persons unlawfully entered the house of the complainant, Mohd. Abbas Malik, at Gali No. 5, Ambedkar Basti, Maujpur, Delhi, and committed robbery of cash and jewellery. During the incident, the complainant and his wife Shamim were brutally assaulted with a knife, and Shamim was murdered at the spot.

b. FIR No. 274/2023 was registered under Sections

302/307/394/397/34 of the IPC at Police Station Jafrabad, Delhi, on 08.06.2023 and investigation was taken up.

c. On 09.06.2023, post-mortem examination of deceased Shamim was conducted at GTB Hospital vide PM No. 934/2023, as per which the cause of death was opined as:

“Asphyxia as a result of combined effect of antemortem throttling and ligature strangulation.”

d. The present applicant Zahid is a close relative of the complainant and was present in the house at the relevant time. Although, he was also named in the initial complaint as an injured victim, it was subsequently alleged that he acted as an insider and facilitated the entry of the co-accused persons into the premises by providing access and prior information.

e. Upon sustained interrogation, the applicant disclosed that he had entered into a criminal conspiracy with his associates to commit robbery at the said premises. He admitted to having provided them with information about the house and facilitating their entry, and further revealed that he had pretended to be unconscious to evade suspicion.

f. It is alleged that, in furtherance of the said conspiracy, when Shamim attempted to resist and raise alarm during the robbery, she was killed by the co-accused persons, who thereafter fled with the stolen articles.

g. CCTV footage collected during investigation shows the entry and exit of the accused persons at the relevant time, corroborating the prosecution version regarding the execution of the offence.

h. The applicant admitted his role in the offence during interrogation, and his disclosure statement has been recorded. On his instance, co-accused persons, including Nazim Saifi and Mohd. Shoaib, were apprehended.

i. Further investigation led to the arrest of other co-accused persons, including Ajmal, who also admitted his involvement, as well as Nadeem, from whom stolen property was recovered, and Sabir @ Pola and Ankit Rathore @ Ram, from whose possession case property was also recovered.

j. Call Detail Record [“CDR”] analysis reveals that the applicant Zahid was in contact with the co-accused persons prior to and at the time of the incident, and his location was found to be in the vicinity of the place of occurrence.

k. The clothes worn by the applicant at the time of the incident were recovered and were found to be consistent with those seen in the