Sandeep Kumar vs State Nct Of Delhi

$~63
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 08.09.2026

# CNR No. DLHC010423772026
+ BAIL APPLN. 3740/2026 & CRL.M.A. 27781/2026
SANDEEP KUMAR .....Petitioner
Through: Ms. Indu Kaul and Mr. Abhishek
Sahu, Advocates

versus

STATE NCT OF DELHI .....Respondent
Through: Mr. Sanjeev Sabharwal, APP for State
with Inspector Mahesh
Ms. Rajani and Mr. Jalaj Gulyani,
Advocate for complainant de facto





CORAM: JUSTICE GIRISH KATHPALIA


J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case FIR No. 108/2026 of
PS Rajouri Garden for offence under Section 140(2)/309(6)/311/3(5) BNS.
2. Broadly speaking, the prosecution case is as follows. On 19.03.2026,
the complainant de facto Sagar Sharma alongwith his brother Manik went to
metro pillar no. 167, Ring Road, Rajouri Garden to collect payment against

BAIL APPLN. 3740/2026 Page 1 of 4 pages

Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec455
69af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570
996b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.09.08 17:03:57 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:DIKSHA RAWAT
Signing Date:08.09.2026
17:05:27

their gold and diamond jewellery from Harish Sharma. But instead of
coming personally, Harish Sharma sent his nephew Prince. Once the money
was delivered, the present accused/applicant and the co-accused forcibly
entered the Range Rover car of the complainant de facto and threatened the
complainant de facto and Manik at gunpoint, after which the complainant de
facto and Manik were abducted in the same Range Rover towards GT
Karnal Road. The accused/applicant and co-accused represented themselves
as police officers and not just wrongfully confined the complainant de facto
and Manik but also assaulted and abducted them. In the process of the said
abduction, the accused/applicant and co-accused compelled the complainant
de facto to call up his family and direct them to pay money for their release.
The accused/applicant and the co-accused also robbed the cash amount of
Rs. 40,00,000/-, mobile phones, an Apple watch, jewellery articles and even
the Ranger Rover after abandoning the complainant de facto and Manik near
Shahabad Area.
3. Learned counsel for accused/applicant submits that there is no cogent
evidence to convict the accused/applicant and co-accused. It is submitted by
learned counsel that in the proceedings for recovery of the gun allegedly
used by the co-accused, no public witness was joined and no videography
was carried out. It is also contended that there is no evidence collected by
the IO to show that the bag allegedly robbed contained Rs.16,34,000/-.
Further, it is submitted by learned counsel for accused/applicant that TIP
turned successful because the accused/applicant was not kept in muffled
face and was produced for TIP after 11 days of arrest. It is also submitted by

BAIL APPLN. 3740/2026 Page 2 of 4 pages

Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15
570996b40f80cbd2eee60402c487965ff801
e26fa, cn=GIRISH KATHPALIA
Date: 2026.09.08 17:03:47 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:DIKSHA RAWAT
Signing Date:08.09.2026
17:05:27

learned counsel that according to chargesheet, the MLC of the complainant
de facto shows only simple injury. It is contended on behalf of
accused/applicant that detaining him in jail would be violative of his
fundamental rights under Article 14 and 21 of the Constitution of India.
4. Learned APP for State, assisted by IO/Inspector Mahesh, accepts
notice and strongly opposes the bail application. It is contended that the co-
accused absconded after dismissal of his anticipatory bail and is shortly
being declared proclaimed offender. Learned APP for State also submits that
the gravity of offence cannot be ignored. Further, the IO has shown me in
his laptop the CCTV footage depicting the Range Rover at one of the tolls
and it is submitted by him that the said CCTV footage as well as other
footages have been sent to FSL and the results are awaited after which
supplementary chargesheet shall be filed. It is also submitted by learned
APP for State that TIP of the accused/applicant was successful and even TIP
of the allegedly robbed articles was successful.
5. According to both sides, the charge is yet to be framed. The
prosecution apprehends that if granted bail at this stage, the
accused/applicant would pressurize or threaten the complainant de facto .
6. As also submitted by both sides, none of the accused persons except
Harish has been granted bail and rather, one of the accused persons namely
Gurpreet Singh Randhawa @ Chetan is absconding. As regards accused
Harish, the only allegation is that it is he who conveyed the relevant
information to facilitate the alleged abduction and robbery.

BAIL APPLN. 3740/2026 Page 3 of 4 pages

Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569
af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557099
6b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.09.08 17:03:35 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:DIKSHA RAWAT
Signing Date:08.09.2026
17:05:27

7. At this stage, learned APP for State, on instructions of IO also submits
that the present accused/applicant is a vagabond and even his Aadhar Card
has been found to be fake.
8. Keeping in mind the nature of the alleged offence as described above
in which the accused/applicant and co-accused impersonated as police
officials and committed abduction of the complainant de facto and his
brother, followed by robbery in the manner described above, I do not find it
a fit case at this stage to grant bail.
9. The bail application and the accompanying application are dismissed.
10. Copy of this order be sent to the concerned Jail Superintendent for
being conveyed to the accused/applicant immediately.
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
5570996b40f80cbd2eee60402c487965ff8
01e26fa, cn=GIRISH KATHPALIA
Date: 2026.09.08 17:03:23 +05'30'

GIRISH
KATHPALIA

GIRISH KATHPALIA
(JUDGE)
as
SEPTEMBER 08, 2026/

BAIL APPLN. 3740/2026 Page 4 of 4 pages

Signature Not Verified
Digitally Signed
By:DIKSHA RAWAT
Signing Date:08.09.2026
17:05:27