Mahesh vs State (Govt Of Nct Of Delhi)

Court
Delhi High Court

$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 29.10.2026
# CNR No. DLHC010518022026
+ BAIL APPLN. 4594/2026 & CRL.M.A. 33831/2026
MAHESH .....Petitioner
Through: Mr. Abhishek K. Thakur and Mr.
Shashwat Kumar, Advocates.

versus

STATE (GOVT OF NCT OF DELHI) .....Respondent
Through: Mr. Hitesh Vali, APP for State with
SHO/Inspector Suman Kumar and SI
Ankit Tomar, PS Kotwali.






CORAM: JUSTICE GIRISH KATHPALIA


J U D G M E N T (ORAL)


1. The accused/applicant seeks regular bail in case FIR No.522/2022 of
PS Kotwali for offence under Section 307 IPC.

2. Broadly speaking, the prosecution case is that on 21.05.2022, DD No.
12A was recorded at PS Kotwali alleging that mother of the informant had
been shot in the neck by some unknown person. However, when the IO
contacted the injured namely Smt. Maloda, she informed that she had been

Bail Application No. 4594/2026 Page 1 of 4 pages

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: 2026.10.29 18:33:08 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:29.10.2026
18:30:16

stabbed in the neck by the present accused/applicant; that her daughter was
married with the present accused/applicant and they have a son; and that her
daughter got separated from the accused/applicant and she got remarried and
took away her son also, so the accused/applicant assaulted her.

3. Learned counsel for accused/applicant submits that till date, marriage
between the accused/applicant and daughter of complainant de facto has not
been dissolved. It is also submitted that all vital witnesses already stand
examined before the trial court and testimony of the remaining witnesses,
who are official witnesses, would take long time to conclude.

4. Learned APP for State assisted by SHO/Inspector Suman Kumar
accepts notice and submits that the application can be disposed of today
itself. Learned APP for State strongly opposes grant of bail to the
accused/applicant. It is submitted by learned APP on instructions of the
SHO that two of the vital witnesses have been recalled but only for limited
testimony regarding death of husband of the complainant de facto . It is also
submitted by learned APP that the witnesses have supported prosecution
case in their chief-examination and their testimony remains unshaken. It is
also submitted that the weapon used in stabbing has been recovered and the
same has been got examined from FSL. As regards the initial information, it
is submitted by learned APP that the informant is an illiterate person.


Bail Application No. 4594/2026 Page 2 of 4 pages

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: 2026.10.29 18:32:59 +05'30'
Digitally Signed
By:RAHUL YADAV
Signing Date:29.10.2026
18:30:16
GIRISH
KATHPALIA
Signature Not Verified

5. As mentioned above, the police machinery came into motion on the
information provided by son of the injured to the effect that she had been
shot in the neck by some unknown person. That version got transformed into
stabbing on neck of the complainant de facto . The submission of learned
prosecutor that the first informant, who is son of the complainant de facto is
an illiterate person, does not satisfactorily explain the first information that
the injury was caused by gunshot and that the same was caused by an
unknown person. However, on this aspect, the trial court shall take
independent view on the basis of evidence adduced.

6. According to the MLC, two lacerated wounds were found on the neck
of complainant de facto, after treatment whereof she was discharged on the
same day. The nature of the injuries was opined to be simple by the doctor
on MLC. The accused/applicant is in custody for more than four years. The
complainant de facto and her family members have already been examined
before the trial court.

7. Considering the above circumstances, I do not find any reason to
deprive further liberty to the accused/applicant.

8. Therefore, the bail application is allowed and 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/Duty Magistrate.

Bail Application No. 4594/2026 Page 3 of 4 pages

Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4556
9af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155709
96b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.10.29 18:32:49 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:29.10.2026
18:30:16

9. A copy of this order be immediately transmitted to the concerned Jail
Superintendent for informing the accused/applicant.

10. Pending application also stands disposed of.

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: 2026.10.29 18:32:35 +05'30'
GIRISH
KATHPALIA

GIRISH KATHPALIA
(JUDGE)
OCTOBER 29, 2026/ dr

Bail Application No. 4594/2026 Page 4 of 4 pages

Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:29.10.2026
18:30:16