BAIL APPLN./2614/2026 of SAJID KHAN Vs STATE NCT OF DELHI on 22 September 2026

O R D E R

% 22.09.2026

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 the ‘BNSS’), seeking grant of regular bail on behalf of the applicant in connection with FIR No. 77/2021, registered at Police Station Sarita Vihar, for the offences punishable under Sections 307 and 34 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’).

3. Learned counsel for the applicant submits that the applicant has been in judicial custody for more than five years. All the public witnesses have been examined, and they have not fully supported the case of the prosecution. He further submits that, at best, the role attributed to the applicant is that he caught hold of the deceased, whereas the other co-accused gave knife blows to the deceased.

4. He further submits that there is no likelihood of the applicant tampering with the evidence or fleeing from justice and, therefore, he may be granted bail.

5. Per contra, learned APP for the State submits that it was at the instigation of the applicant that the co-accused gave knife blows to the deceased. He further submits that the allegations are quite grave and that all the prosecution witnesses who have been examined have supported the case of the prosecution. He, therefore, submits that there is no ground for grant of bail.

6. This Court has heard both the parties.

7. The chargesheet in the present case stands filed. Out of the 20 prosecution witnesses, 10 stand examined, and all the public witnesses in the present case stand examined.

8. A perusal of the testimonies of the various public witnesses shows that, though at one place they have taken the name of the applicant, further in their examination-in-chief, they have not supported the case of the prosecution, which raises a doubt in the mind of the Court.

9. Moreover, the applicant has been in judicial custody for more than five years, and all the public witnesses have been examined. In the facts and circumstances of the case, the applicant is directed to be released on regular bail upon furnishing a bail bond in the sum of Rs. 10,000/- with a surety of the like amount, to the satisfaction of the learned Trial Court/Link Court, subject to the following conditions:

i. The applicant shall not leave India without prior permission of the learned Trial Court; ii. The applicant shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address; iii. The applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing; iv. The applicant is directed to give his mobile number to the Investigating Officer and keep it operational at all times; v. The applicant shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner; vi. The applicant shall report at the office of the concerned SHO, P.S. Sarita Vihar, Delhi. first Monday of every month at 11:00 a.m., and he shall be discharged by 12 noon, after recording his presence and completion of all the necessary formalities;

10. A copy of this order be sent to the concerned Jail Superintendent for necessary information and compliance.

11. The application is allowed and disposed of accordingly. Pending application(s), if any, also stand disposed of.

12. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 22, 2026/b/yt