Abhisekh @ Sekhu vs State Nct Of Delhi

$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 02.09.2026
# CNR No. DLHC010292622026
+ BAIL APPLN.2600/2026

ABHISEKH @ SEKHU .....Petitioner
Through: Mr. Manoj Dahiya, Advocate.
versus

STATE NCT OF DELHI .....Respondent
Through: Mr. Amit Ahlawat, APP for State
with Inspector Vijay Kumar.





CORAM: JUSTICE GIRISH KATHPALIA


J U D G M E N T (ORAL)


1. The accused/applicant seeks regular bail in case FIR No. 743/2020 of
PS Bawana for offence under Section 302/201 IPC and Section 25/27 Arms
Act.

2. Despite serious observations against conduct of the investigating
agency as recorded in bail application of co-accused Aman, nothing seems
to have changed and in this case also, the status report has not been filed
despite directions. In the bail application of co-accused Aman, it was
recorded that the status report filed in that case was incomplete and
misleading as the concerned SHO concealed vital testimony of star witness
of prosecution. That being so, I find no reason to adjourn the present matter

BAIL APPLN.2600/2026 Page 1 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: 2026.09.02 17:59:03 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:02.09.2026
18:10:35

with fresh directions to file the status report. I have heard learned counsel
for accused/applicant and learned APP for State assisted by Investigating
Officer/Inspector Vijay Kumar.

3. Broadly speaking, the prosecution case commenced on a blind FIR
registered on the statement of the father of the deceased to the effect that the
deceased had not returned home overnight and in the morning, he ( father of
the deceased ) came to know about discovery of a dead body in that area and
on reaching that spot, he identified the dead body to be of his deceased son.
The investigation revealed that the deceased had been killed by being shot at
twice with a pistol.

4. On behalf of accused/applicant, it is submitted that he has been in jail
since 04.10.2021 and there is no cogent evidence against him. It is submitted
that out of 25 prosecution witnesses, only five witnesses have been
examined and the remaining are formal witnesses. Learned counsel for
accused/applicant has also taken me through order dated 10.02.2026
whereby the similarly placed co-accused Aman was granted bail.

5. Learned APP for State opposes the bail application on the ground that
there is strong evidence against the present accused/applicant in the form of
last seen material. It is contended that PW1 Smt. Haseena, wife of the
deceased, had lastly seen the deceased in the company of the present
accused/applicant and she identified the accused/applicant through CCTV

BAIL APPLN.2600/2026 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: 2026.09.02 17:58:53 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:02.09.2026
18:10:35

footage.

6. As reflected from order dated 10.02.2026, whereby co-accused Aman
was granted bail, there is a glaring aspect which throws serious doubt on
truthfulness of investigation. According to prosecution case, the pistol
allegedly recovered from co-accused Sanjay was of .32 bore, whereas
according to the FSL report, the bullets allegedly recovered from the dead
body were of .315 bore; and admittedly no pistol of .315 bore was recovered
from or at the instance of any of the accused persons.

7. As regards the credibility of last seen evidence, the solitary witness of
that fact is PW1 Smt. Haseena, wife of the deceased, but in her chief-
examination, she categorically did not identify the present accused/applicant
allegedly depicted in the CCTV footage.

8. At this stage, I must add a cautious rider that these observations have
been recorded only while dealing with the rival arguments. The learned trial
court at the final stage, shall take independent view on the basis of evidence
brought on record.

9. Considering the above circumstances, I find no reason to deprive
further liberty to the accused/applicant. 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

BAIL APPLN.2600/2026 Page 3 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: 2026.09.02 17:58:32 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:02.09.2026
18:10:35

the like amount to the satisfaction of the Trial Court/Duty Magistrate.

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

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: 2026.09.02 17:58:18 +05'30'
GIRISH
KATHPALIA

GIRISH KATHPALIA
(JUDGE)
as
SEPTEMBER 02, 2026/

BAIL APPLN.2600/2026 Page 4 of 4 pages

Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:02.09.2026
18:10:35