Adil v. The State of NCT of Delhi

Delhi High Court · 20 Jan 2026 · 2026:DHC:475
Girish Kathpalia
BAIL APPLICATION 4785/2025
2026:DHC:475
criminal appeal_allowed

AI Summary

Anticipatory bail granted to accused in absence of incriminating evidence despite antecedents and telephonic links with co-accused, as no custodial interrogation was necessary.

Full Text
Translation output
BAIL APPLICATION 4785/2025
HIGH COURT OF DELHI
Date of Decision: 20.01.2026
BAIL APPLN. 4785/2025 & CRL.M.A. 36807/2025
ADIL .....Petitioner
Through: None.
VERSUS
THE STATE OF NCT OF DELHI .....Respondent
Through: Mr. Amit Ahalwat, APP for State
WITH
SI Mohit and HC Tinku.
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. The accused/applicant seeks anticipatory bail in case e-FIR NO. 80086602/2025 of PS Timarpur, Delhi for offence under Section 134/303(2) BNS.

2. In furtherance of last order, it is submitted by IO/SI Mohit that the accused/applicant has joined investigation.

3. I have heard learned APP for State but did not have the privilege to hear learned counsel for accused/applicant, who has not been able to appear, and I find no reason to adjourn the matter further.

4. Broadly speaking, the prosecution case is that one Monis snatched gold chain of the complainant de facto and later on handed over the same to the accused/applicant. Despite the accused/applicant having joined investigation, nothing was recovered from his possession or at his instance.

5. Learned APP for State, in all fairness admits that presently there is no incriminating evidence against the accused/applicant, since the alleged confessional statement of co-accused Monis was recorded when he was in custody and the same did not lead to discovery of any fact. However, learned APP opposes the bail application on the ground of antecedents of the accused/applicant. The bail application is also opposed on the ground of telephonic connectivity between the accused/applicant and co-accused Monis.

6. According to the IO, the accused/applicant is involved in four FIRs of similar nature. In response to a specific query, it is informed by the IO that all those four FIRs were registered by two police stations of same district and the accused/applicant is on bail in all those four cases.

7. Considering the above circumstances, I do not find any reason to deprive the accused/applicant liberty, especially because no custodial interrogation is required.

8. The anticipatory bail application is allowed and it is directed that in the event of his arrest, the accused/applicant shall 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 IO/SHO concerned. It is also directed that the accused/applicant shall join investigation as and when directed in writing by the IO. Accompanying application also stands disposed of.

GIRISH KATHPALIA (JUDGE) JANUARY 20, 2026