Delhi High Court
BAIL APPLN./3274/2026 of MOHD. RUHAN HAMZA Vs STATE GOVT. OF NCT OF DELHI AND ANR. on 24 September 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010369752026 + BAIL APPLN. 3274/2026 & CRL.M.(BAIL) 1514/2026 MOHD. RUHAN HAMZA .....Petitioner Through: Mr. Anjani Kumar Singh, Adv. versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Digam Singh Dagar, APP with Mr.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
#
CNR No. DLHC010369752026
+
BAIL APPLN. 3274/2026 & CRL.M.(BAIL) 1514/2026
MOHD. RUHAN HAMZA
.....Petitioner
Through:
Mr. Anjani Kumar Singh, Adv.
versus
STATE GOVT. OF NCT OF DELHI AND ANR.
.....Respondents
Through:
Mr. Digam Singh Dagar, APP with
Mr. Krishnandu Haldar, Adv.
Insp. Babu Lal, PS Connaught Place
Mr. Pankaj Jha and Mr. Rakesh
Mohan, Advs. for R2 with Respondent
no.2-in-person
CORAM:
HON’BLE MS. JUSTICE MADHU JAIN
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O R D E R
% 24.09.2026
1. This hearing has been done through hybrid mode.
2. The present application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [hereinafter referred to as ‘BNSS’], seeking regular bail in FIR No. 03/2026, registered at Police Station Connaught Place, District New Delhi, Delhi, initially under Section 110 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 [hereinafter referred to as ‘BNS’]. Upon the death of the injured, the charge-sheet has been filed under Section 103(1) read with Section 3(5) of BNS.
3. Briefly stated, on the intervening night of 02/03.01.2026, an altercation allegedly took place between the deceased, Shivam Gupta, and his friend
Pankaj on one side and co-accused Areeb on the other. It is the case of the prosecution that Areeb thereafter called the present applicant and co-accused Osama to the spot. During the ensuing incident, Osama allegedly struck Shivam Gupta on his head with a helmet, whereupon he fell to the ground, and Areeb allegedly kicked him. The prosecution further alleges that the applicant participated in the incident and shared a common intention with the co-accused. Shivam Gupta was thereafter taken to the hospital, where he succumbed to his injuries on 19.01.2026. The applicant surrendered before the learned Trial Court on 26.02.2026 and was thereafter arrested. Upon completion of investigation, a charge-sheet has been filed against the accused persons under Section 103(1) read with Section 3(5) of the BNS.
4. Learned counsel for the petitioner submits that the charge framed against the petitioner was only under Section 105 of BNS relating to culpable homicide not amounting to murder. It is further submitted that the petitioner is a young man aged about 24 years, is working with Zomato, and has remained in judicial custody for the last seven months. On these grounds, it is prayed that the petitioner be enlarged on bail.
5. Learned counsel for the petitioner further submits that the petitioner had joined the investigation even prior to his arrest and had cooperated with the investigating agency.
6. Per contra, learned counsel for the complainant, as well as the learned APP for the State, oppose the grant of bail and submit that the petitioner is clearly visible in the CCTV footage. The CCTV footage was also played before this Court by the learned counsel for the complainant. which clearly shows the deceased being struck with a helmet and, further, that after the deceased had fallen to the ground and the accused persons had left the spot, they returned to ascertain whether he had died or not.
7. Keeping in view the nature of the allegations and the gravity of the offence, no ground for bail is made out.
8. Accordingly, the present bail application is dismissed and thereby, disposed of.
9. The pending application also stands disposed of.
10. A copy of this order be sent to the concerned learned Trial Court for necessary information and compliance.
11. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 24, 2026/b/PG