Delhi High Court · 2025

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI+ BAIL APPLN. 1284/2025 ASHISH GAHLOT .....Petitioner Through: Mr. Pardeep Khatri, Advocate with Mr. Sandeep Rana, Ms. Anisha Khokhar, Mr. Utkarsh Singh Chhikara & Mr. Divyanshu Phate, Advocates. versus STATE (GNCT OF DELHI) .....Respondent Through: Mr. Manoj Pant, APP for State with Ms. Lata Bhandari, Mr. Gajinder Singh and Mr. Brijpal, Advocates. CORAM:HON'BLE DR. JUSTICE SWARANA KANTA SHARMAO R D E R% 19.05.20251.By way of the present petition, the petitioner is seeking grant of regular bail in case arising out of FIR bearing no. 076/2023, registered at Police Station Baba Haridas Nagar, for the commission of offences punishable under Sections 302/201/202/212/120B(1)/34 of Indian Penal Code, 1860 (hereafter ‘IPC’). 2.Briefly stated, the facts of the present case are that, pursuant to secret information recorded vide DD Nos. 14 and 15 at WR-1, Crime Branch, Rajouri Garden, Delhi, regarding the murder of one Nikki Yadav by her partner/co-accused Sahil Gahlot and the concealment of her body in Mitraon Village, Najafgarh, a police team had proceeded to the said spot and apprehended the co-accused Sahil Gahlot. It is alleged that the deceased and This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:22:36 co-accused Sahil Gahlot had solemnized a secret marriage on 01.10.2020 and had been residing together in a rented flat in Greater Noida. However, Sahil did not disclose this marriage to his family, and his engagement to another woman was fixed for 09.02.2023. Upon learning of the engagement, the deceased had allegedly confronted Sahil, following which, on the intervening night of 09.02.2023 and 10.02.2023, an altercation occurred, during which Sahil allegedly strangled the deceased using a mobile phone data cable inside a Verna car near Nigam Bodh Ghat. Thereafter, he allegedly concealed the body in a refrigerator placed in his dhaba named “Khao Piyo Dhaba” located at the outskirts of Mitraon Village, Najafgarh. The dead body was later recovered at the instance of the co-accused Sahil during investigation. Insofar as the present applicant/accused Ashish Gahlot is concerned, it is alleged that he was a part of the criminal conspiracy and had actively assisted Sahil Gahlot in the commission of the offence. It is specifically alleged that the Verna car (No. GA03Y9993) in which the alleged murder took place belonged to the present applicant/accused and was provided by him to co-accused Sahil for the said purpose. Further the applicant, along with other co-accused persons, helped in concealing the deceased’s body in the refrigerator at the dhaba of co-accused Sahil. Subsequently, the applicant also attended the wedding of Sahil Gahlot held on 10.02.2023, allegedly with prior knowledge of the offence. The prosecution claims that the applicant remained in constant touch with co-accused Sahil and the other co-accused during the relevant period, and played an active role in furtherance of the common intention. 3.The learned counsel for the applicant/accused argues that the applicant, aged 23 years, has been in custody since 17.02.2023 and is being This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:22:36 falsely implicated in the present case. It is contended that the applicant's alleged involvement is based solely on the disclosure statement of a co-accused, which is inadmissible in evidence and not corroborated by any independent material. It is further submitted that the applicant’s name does not find mention in the FIR, and no specific overt act has been attributed to him in the commission of the alleged offence. Learned counsel further argues that no recovery has been effected at the instance of the applicant, and there is no CCTV footage placing him at or near the scene of the crime, including at the Radisson Hotel, Paschim Vihar. The Call Detail Records (CDRs) of the applicant also do not reflect any incriminating proximity or coordination with the co-accused at the relevant time. The only allegation against the applicant is that he had provided his Verna car to co-accused Sahil Gahlot for his engagement, which in itself is innocuous and does not reflect any criminal intent. It is also pointed out that out of 73 prosecution witnesses, none have deposed against the applicant so far. Therefore, it is argued that the applicant’s continued incarceration, in the absence of any substantive evidence linking him to the offence, would serve no useful purpose and would amount to pre-trial punishment. In view of the foregoing and considering the settled principles of bail jurisprudence, it is prayed that the applicant be released on regular bail, subject to such terms and conditions as this Court may deem fit. 4. The learned APP for the State vehemently opposes the bail application and submits that the present case pertains to a grave and heinous offence involving the brutal murder of a young woman, followed by concealment of her dead body in a highly calculated and cold-blooded manner. It is submitted that the present applicant/accused was not a passive This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:22:36 bystander but played an active and deliberate role in furtherance of a criminal conspiracy hatched with the co-accused, including the main accused Sahil Gahlot. It is submitted that the applicant/accused had provided his Verna car, which was used as the scene of the crime, and remained in constant touch with the co-accused during the critical period surrounding the commission of the offence. The Call Detail Records (CDRs) of the applicant/accused corroborate his proximity and communication with the co-conspirators at relevant times. Furthermore, it is alleged that the applicant aided in the concealment of the deceased’s body by helping place it in a refrigerator located at a dhaba owned by the co-accused. In view of the seriousness of the allegations, the role attributed to the applicant in the larger conspiracy, and the possibility of tampering with evidence or influencing witnesses if released, it is prayed that the present application for grant of regular bail be dismissed. 5. This Court has heard arguments addressed by the learned counsel appearing for either side, and has also perused the material available on record. 6.The allegations against the present applicant/accused, in brief, are that he was part of a criminal conspiracy to murder the deceased Nikki Yadav. The present applicant allegedly provided his Verna car used in the commission of the offence, and further remained in contact with the co-accused Sahil during the relevant period, as corroborated by the Call Detail Records (CDRs). He also allegedly assisted in concealing the deceased’s body in a refrigerator at a dhaba. These acts were allegedly committed in pursuance of a common intention of the present accused with the co-accused. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:22:36

7.A perusal of the case record shows that the allegations against the present applicant/accused are not only serious in nature but also supported by specific material indicating his active role in the commission of the alleged offence. The record reveals that the applicant, being the cousin brother of the main accused Sahil Gahlot, was closely associated with him during the relevant period when the murder was committed by the co-accused as his call detail location is near the alleged place of commission of offence and when the dead body of the deceased after commission of the murder was being taken to the dhaba for hiding the body and destroyed the evidence etc., and had provided his Verna car (bearing no. GA03Y9993), which was used in the commission of alleged offence. 8.The analysis of CDR also substantiates that the applicant remained in constant contact with co-accused Sahil throughout the period of the commission of offence. It is also noted that the applicant/accused, along with other co-accused persons, was present near the deceased’s residence in Uttam Nagar, Delhi, around the time the offence was committed, and that co-accused Sahil had allegedly switched off his phone before entering the deceased’s flat – circumstances that indicate a calculated and deliberate act. The CDR location of the applicant/accused corroborates his presence at Radisson Blu Hotel as well as in Uttam Nagar, along with other co-accused persons. 9.Furthermore, the present applicant/accused is alleged to have participated in the concealment of the deceased’s body by aiding in its placement inside a refrigerator at the dhaba owned by co-accused Sahil Gahlot. The CCTV footage further corroborates that Sahil had reached the deceased’s flat in the applicant’s car and had subsequently transported her This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:22:36 body to different locations. The movement of the vehicle and interaction with a witness at Anand Vihar, followed by a halt at Nigam Bodh Ghat, further prima-facie strengthens the prosecution’s case. 10.The present case tells a horrific tale – of a young woman, full of life and dreams, who was allegedly killed by the very person she would have trusted the most, her partner. Behind closed doors, what seemed like a relationship filled with love turned into a nightmare no one could imagine. Though the present applicant is not the main accused, he is alleged to have played a significant role by providing his car for the commission of the crime, maintaining constant communication with the main accused, and assisting in concealing the body of the deceased. 11.In light of the above, and considering the gravity of the offence, the applicant’s role in the conspiracy, this Court is of the view that no ground for grant of bail is made out. 12.Accordingly, the present bail application stands dismissed. 13.It is, however, clarified that nothing expressed hereinafter shall tantamount to an expression on the merits of the case. 14.The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, JMAY 19, 2025/vcClick here to check corrigendum, if any