Johan Kevat alias Mastan Baba v. State of NCT of Delhi

1. The accused/applicant seeks regular bail in case FIR No.562/2022 of PS Kashmere Gate for offence under Section 302 IPC.

2. Broadly speaking, according to prosecution case, a blind FIR was registered on the basis of telephonic information received in the police station regarding discovery of a dead body in the tea stall of the informant. After investigation, the accused/applicant was arrested as a culprit. As per prosecution case, the deceased was killed by way of danda blows.

3. Learned counsel for accused/applicant contends that he is in jail since 15.10.2022, without there being any incriminating evidence against him. It is contended that even the circumstantial evidence collected by the IO is not sufficient to justify further incarceration of the accused/applicant.

4. Learned APP for State assisted by the IO/Inspector Santosh Kumar contends that there is sufficient evidence against the accused/applicant by way of testimony of PW[5], who deposed that at around midnight, while sleeping by the side of the accused/applicant, he heard some noise from the tea stall, so woke up and saw the accused/applicant coming out from there and in the morning, the deceased was found murdered. It is also contended that the danda used in the assault was recovered from the spot and sent to FSL, which reported presence of blood of the deceased on the same. It is further contended that even blood stained clothes of the accused/applicant were recovered from him. No other evidence to connect the accused/applicant with the alleged murder has been shown.

5. To reiterate, this is a case of blind murder in which the accused/applicant is in jail since 15.10.2022. By way of circumstantial evidence, the prosecution relies upon testimony of PW[5] as last seen evidence. But the testimony of PW[5], if read in entirety, would show that the place from where the dead body was recovered is an open place, accessible to everyone and the same is not a closed tea stall or hut. Further, according to PW[5], after hearing the noise and seeing the accused/applicant come out of that tea stall, both of them slept back. It is in the next morning that PW[5] came to know about murder of the deceased.

6. At this stage, it is also submitted by learned APP that CCTV footage of the area would reflect that the accused/applicant was roaming around in that area at night also. But that is explainable because that area is a cremation ground (Nigambodh Ghat) and the accused/applicant is residing in the cremation ground itself.

7. The other piece of evidence on which the accused/applicant is sought to be connected are his blood stained clothes and the blood stained danda. As per the IO, no fingerprints were lifted from the danda because no such fingerprints were found. As regards blood detected on clothes of the accused/applicant, it is submitted by the IO that the FSL reported that the said blood could not be connected with blood of the deceased, as blood on the clothes had got degraded by the time of forensic examination.

8. Prima facie, I am unable to find any material on the basis whereof further incarceration of the accused/applicant can be justified.

9. Considering the above circumstances, 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. Accompanying application also stands disposed of.

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

GIRISH KATHPALIA (JUDGE) JANUARY 13, 2026