Shahrukh vs State Govt. Of Nct Of Delhi

Court
Delhi High Court

$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 16.10.2026
# CNR No. DLHC010360332026
+ BAIL APPLN. 3167/2026
SHAHRUKH .....Petitioner
Through: Mr. Ali Aariz, Advocate.

versus

STATE GOVT. OF NCT OF DELHI .....Respondent
Through: Mr. Amit Ahlawat, APP for State
with Investigating Officer/SI Pramod
Kumar and Investigating Officer/SI
Dharmender





CORAM: JUSTICE GIRISH KATHPALIA

J U D G M E N T (ORAL)

1. The accused/applicant seeks regular bail in case FIR No.335/2024 of
PS Patel Nagar for offence under Section 305/61(2)/331(4)/3(5)/123/317(2)
BNS.

2. Broadly speaking, prosecution case is as follows. On the ill fated
night, the accused/applicant along with his associate broke open grill of the
door of the house of the complainant de facto and committed theft of

BAIL APPLN. 3167/2026 Page 1 of 4 pages

Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4
5569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15
570996b40f80cbd2eee60402c487965ff801e
26fa, cn=GIRISH KATHPALIA
Date: 2026.10.16 17:51:06 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:16.10.2026
18:01:45

Rs.77,00,000/- cash, some jewellery, mobile phones and even DVR of the
CCTV installed there. According to prosecution, the accused persons were
tipped off by maid of the complainant de facto. After the alleged theft, the
accused/applicant and his associate were apprehended while travelling in a
car and were found to be carrying Rs.67,50,000/- in cash, two mobile
phones of the complainant de facto and even identity card of his daughter.
During investigation, it came out that the said car had been purchased by the
present accused/applicant for Rs.4,23,500/- paid in cash out of the stolen
amount. During investigation it also came out that the maid, who had tipped
off the accused persons had administered sleeping pills to the complainant
de facto and his wife to facilitate the theft and the stolen DVR of CCTV was
recovered from her room.

3. Learned counsel for accused/applicant contends that there is no
reliable evidence against the accused/applicant which can justify his
continued incarceration. It is submitted that the CCTV footage depicts two
masked men cutting open grill of the house and they cannot be identified as
the accused persons.

4. Learned APP for State assisted by Investigating Officer/SI Pramod
Kumar and SI Dharmender strongly opposes the bail application, contending
that apart from the CCTV footage, there is also evidence in the form of
mobile phone tower location of both thieves on the spot at late night.
Besides, it is also submitted that the CCTV footage obtained from same

BAIL APPLN. 3167/2026 Page 2 of 4 pages

Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45
569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557
0996b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.10.16 17:50:54 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:16.10.2026
18:01:45

locality immediately before and after alleged theft clearly show the clothes
worn by the accused persons and their faces.

5. The Investigating Officer has played the CCTV footages depicting the
cutting of grill by the accused/applicant and his associate, as alleged by
prosecution. The accused/applicant is depicted wearing a medical mask
while the co-accused has covered his face in that footage, and they are
depicted cutting open the grill after carefully watching around in the
staircase. The other CCTV footage depicting the thieves taking away the
stolen articles in a suitcase depicts the accused persons without any mask.

6. Besides that, there is also no convincing explanation as to from where
the cash amount of Rs.67,50,000/- came to the accused/applicant. It is
contended by learned counsel for accused/applicant that the same was
planted on him. But keeping in mind the enormity of the cash amount, it
does not sound convincing that the police officials would be able to afford to
plant such amount and it is nobody’s case that the accused/applicant had any
enmity with anyone, who got him booked in this case by giving money for
being planted.

7. Of course, the above discussion has been recorded only while
analyzing the rival arguments and the same shall not be read to the prejudice
of the accused/applicant by the trial court. The trial court shall take
independent view on the basis of material available on record.

BAIL APPLN. 3167/2026 Page 3 of 4 pages

Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4af
ec45569af3962c6fb4835d435f97626cacc
a, ou=HIGH COURT OF DELHI,CID -
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d
15570996b40f80cbd2eee60402c487965ff
801e26fa, cn=GIRISH KATHPALIA
Date: 2026.10.16 17:50:44 +05'30'
Digitally Signed
By:RAHUL YADAV
Signing Date:16.10.2026
18:01:45
GIRISH
KATHPALIA
Signature Not Verified

8. It is submitted by learned prosecutor that the public witnesses are yet
to be examined before the trial court, so if bail is granted, the
accused/applicant would pressurize the witnesses.

9. Keeping in mind the above circumstances, I do not find it a fit case to
grant bail at this stage. Therefore, the bail application is dismissed.

10. 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=8401dd889b27a77b2f65ffffe4afec4
5569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155
70996b40f80cbd2eee60402c487965ff801e2
6fa, cn=GIRISH KATHPALIA
Date: 2026.10.16 17:50:32 +05'30'
GIRISH
KATHPALIA
GIRISH KATHPALIA
(JUDGE)
ry
OCTOBER 16, 2026/


BAIL APPLN. 3167/2026 Page 4 of 4 pages

Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:16.10.2026
18:01:45