Deepak @ Judi vs State (N.C.T.Of Delhi)

Court
Delhi High Court
Case type
Bail Application
Decided on
17-03-2026

$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 17.03.2026
+ BAIL APPLN. 276/2025
DEEPAK @ JUDI .....Petitioner
Through: Mr. M.L. Yadav and Mr. Harish
Chand, Advocates.

versus


STATE (N.C.T.OF DELHI) .....Respondent
Through: Mr. Amit Ahlawat, APP for State
with Inspector Khemendra Pal Singh.



CORAM: JUSTICE GIRISH KATHPALIA


(ORAL)

1. The accused/applicant seeks regular bail in case FIR No. 158/2020 of

J U D G M E N T
PS Budh Vihar for offence under Section 302/34 IPC and 25/27/54/59 Arms
Act.

1.1 This bail application came up for the first hearing on 23.01.2025
before the predecessor bench and thereafter continued getting adjourned
before different benches. Vide order dated 02.05.2025, the predecessor
bench after detailed analysis of medical records granted interim bail to the
accused/applicant on the ground that he is suffering with chronic Myeloid

BAIL APPLICATION 276/2025 Page 1 of 4 pages

GIRISH
KATHPALIA
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d435f9
7626cacca, ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee60402
c487965ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.03.17 14:20:10 -07'00'
Signature Not Verified
Digitally Signed
By:DIKSHA RAWAT
Signing Date:17.03.2026
16:30:16

Leukemia. That interim bail was continued on date to date basis before
different predecessor benches. Till date, that interim bail continues. Along
with 179 such old pending bail applications, this application was transferred
to this bench.

1.2 Today is the first hearing before me. I have heard learned counsel for
accused/applicant and learned APP for State.

2. Broadly speaking, the FIR was registered on the statement of one
Deepanshu, who alleged that in the course of altercation between the
deceased Harshdeep Singh and accused Sandeep, one tall boy assaulted the
deceased Harshdeep with multiple stabs and thereafter the accused persons
fled away. That tall boy is allegedly the accused/applicant.

3. Learned counsel for accused/applicant submits that the
accused/applicant is innocent and has been falsely implicated in this case. It
is also submitted that despite the fact that the accused/applicant was not
named in the FIR and was not known to the complainant de facto, the IO did
not conduct Test Identification Parade. Further, it is submitted that the
accused/applicant is suffering with Stage IV cancer, which in itself is a
sufficient ground for bail.

4. Learned APP for State assisted by IO/Inspector Khemendra Pal Singh
opposes the bail application on the ground that the accused/applicant was
duly identified by the complainant de facto in the course of investigation as

BAIL APPLICATION 276/2025 Page 2 of 4 pages

GIRISH
KATHPALIA
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d435f976
26cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003,
st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee60402c4
87965ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.03.17 14:20:44 -07'00'
Signature Not Verified
Digitally Signed
By:DIKSHA RAWAT
Signing Date:17.03.2026
16:30:16

well as in his testimony in trial court and was arrested at the instance of
complainant de facto . As regards medical ground, it is contended that the
accused/applicant is being administered appropriate medical treatment.
Rather, according to learned APP, when the accused/applicant was on
interim bail granted by the predecessor bench, he got involved in a robbery
case.

5. Learned counsel for accused/applicant discloses that in the said
robbery case, the accused/applicant was released because the Test
Identification Parade failed.

6. It is submitted by both sides that the remaining accused persons
already stand released on bail.

7. Keeping in mind the medical condition of the accused/applicant
coupled with the fact that identification of the accused/applicant was carried
out only in the course of investigation and during trial, there being no reason
advanced by State for failure to conduct Test Identification Parade, I find no
reason to further deprive the accused/applicant liberty.

8. Therefore, the application is allowed and the accused/applicant is
directed to be released on bail subject to his furnishing a personal bond in
the sum of Rs.10,000/- with one surety in the like amount to the satisfaction
of the trial court.


BAIL APPLICATION 276/2025 Page 3 of 4 pages

GIRISH
KATHPALIA
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d435f976
26cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003,
st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee60402c
487965ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.03.17 14:21:01 -07'00'
Signature Not Verified
Digitally Signed
By:DIKSHA RAWAT
Signing Date:17.03.2026
16:30:16

9. Copy of this order be sent to the concerned Jail Superintendent for
being conveyed to the accused/applicant.

Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afe
c45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1
5570996b40f80cbd2eee60402c487965ff80
1e26fa, cn=GIRISH KATHPALIA
Date: 2026.03.17 14:21:14 -07'00'
GIRISH
KATHPALIA



GIRISH KATHPALIA
(JUDGE)
ry
MARCH 17, 2026/

BAIL APPLICATION 276/2025 Page 4 of 4 pages

Signature Not Verified
Digitally Signed
By:DIKSHA RAWAT
Signing Date:17.03.2026
16:30:16