Mr. Kuldeep Sharma, Adv v. STATE OF NCT OF DELHI

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3754/2025 RAJU YADAV .....Petitioner Through: Mr. Kuldeep Sharma, Adv. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Utkarsh, APP for the State. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 16.12.2025 1. First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioner / Applicant Raju Yadav seeking Regular Bail in FIR No.0247/2023 under Sections 302/120B/34 IPC, registered at P.S.: S.P. Badli, Delhi. 2. The case of the prosecution is that on 02.03.2023, an altercation took place, wherein the deceased Bablu allegedly sustained a stab injury, which was given by co-accused (CCL), on account of which he died. All the (CCLs) namely Mohit @ Haggu, Tony (Pradeep), Suraj, Sonu, Saddam, Chintu, and Anil were apprehended in the present case. However, Hon’ble Juvenile Justice Board has granted Bail to all CCLs. Main assailant was Tony (CCL), who has also been released by Hon’ble Juvenile Justice Board 3. It is submitted that the Prosecution’s case rests on circumstantial evidence and omnibus allegations. No specific role of giving the fatal stab injury has been attributed to the Applicant. Post-mortem confirmed a single fatal stab injury, but the weapon has not been recovered from the Applicant. 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 19/12/2025 at 12:55:11 Scientific evidence i.e., FSL reports of viscera, blood samples and knife blade are still awaited and therefore, the case is incomplete. 4. First Bail Application was dismissed by learned Trial Court on 25.08.2023. Second Bail Application was withdrawn on 06.06.2024. Third Bail Application was also withdrawn on 20.09.2024. Fourth Bail Application was dismissed on 11.08.2025. 5. Bail, in present Application, has been sought on the ground that there is no independent judicial assessment of the Applicant’s role. Sweeping statements have been made in the Status Report in regard to the Applicant’s guilt and he has been attributed participation in a brutal murder. There can be no mini trial while considering the Bail Application. 6. Applicant is in judicial custody since 03.03.2023 and is entitled to grant of Bail. Pertinently, the Applicant is not attributed the role of stabbing the victim, which was done by assailant Tony (CCL). Trial is not likely to conclude in near further, as there are several witnesses, who are yet to be examined. 7. Reliance is placed on Union of India v. K.A. Najeeb, (2021) 3 SCC 713, wherein Hon’ble Supreme Court of India categorically held that where there is no likelihood of early conclusion of trial and the accused is in prolonged incarceration, it is a valid ground for Bail, even in serious offences. 8. It is further submitted that the Applicant has no prior criminal antecedents and is a resident of Delhi having deep family roots. He has cooperated during investigations and the trial. 9. Reliance is placed on Sanjay Chandra v. CBI, (2012) 1 SCC 40; Hussainara Khatoon v. State of Bihar, (1980) 1 SCC 81; and Sushil Ansal v. 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 19/12/2025 at 12:55:11 CBI, 1997 SCC OnLine Del 629. 10. Prayer is therefore, made that the Applicant be granted Bail. 11. Status Report filed today in the Court, be taken on record. Bail is opposed on the ground that the Applicant Raju Yadav along with seven other CCLs was involved in the murder of the victim / deceased Bablu and CCL had given stab injury to the deceased. 12. During investigations, blade/fal of the knife was found inside the body of the deceased. Doctor, in Post-Mortem Report, has opined that the death was due to hemorrhagic shock, consequent to stab injury sustained to the chest. All injuries were ante-mortem and fresh before death. Injury No.1 with corresponding internal injuries was sufficient to cause death in ordinary course of nature. However, viscera was collected to ascertained any intoxication at the time of death. 13. Investigations are complete and Chargesheet has been filed in the Court on 31.05.2023. Viscera Report has also filed in the Court. 13 out of 26 prosecution witnesses have already been recorded. It has been submitted that the Applicant Raju Yadav along with all CCLs, had committed brutal murder of the deceased Bablu. Submissions heard and record perused. 14. As per the case of Prosecution, the Applicant had fight with the wife of deceased Bablu. After which, he called seven CCLs, out of whom, one was his own son and rest were friends of his son. Stab injury was though inflicted by Tony (CCL), but they all have been charged for the offence under Sections 120B/34 IPC. 15. 13 out of 26 prosecution witnesses already stand recorded. As per the submissions of learned counsel for the Petitioner himself, all material 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 19/12/2025 at 12:55:11 witnesses have already been recorded and only formal / Police witnesses are to be examined, thereby reflecting that the trial is progressing at its pace and there is no delay in trial. 16. Considering the totality of the circumstances, no case is made out for grant of Bail 17. Bail Application is accordingly dismissed. Pending Applications, if any, also stand disposed of. NEENA BANSAL KRISHNA, J. DECEMBER 16, 2025/R