Delhi High Court
BAIL APPLN./3726/2026 of GOURAV YADAV @ VISHU Vs THE STATE GOVT OF NCT OF DELHI on 8 September 2026
3726/2026 Page 1 of 3 pages $~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 08.09.2026 # CNR No. DLHC010422102026 + BAIL APPLN. 3726/2026 & CRL.M.A. 27697/2026 GOURAV YADAV @ VISHU .....Petitioner Through: Mr. R. K. Singh, Advocate. versus THE STATE GOVT OF NCT OF DELHI
$~54
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
%
Date of Decision: 08.09.2026
CNR No. DLHC010422102026
+
BAIL APPLN. 3726/2026 & CRL.M.A. 27697/2026
GOURAV YADAV @ VISHU
.....Petitioner
Through:
Mr. R. K. Singh, Advocate.
versus
THE STATE GOVT OF NCT OF DELHI
.....Respondent
Through:
Mr. Sanjeev Sabharwal, APP for State
with Inspector Yogesh Kumar and SI
Sukram Pal, PS Shahdara.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
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1. The accused/applicant seeks bail in case FIR No. 238/2025 of PS Shahdara for offence under Section 109(1)/3(5) of BNS and Section 25/27 of Arms Act.
2. Broadly speaking, prosecution case is as follows. On 27.06.2025, the injured Naresh and his colleague plumber Praveen had a fight with the accused/applicant and his associates, in which the injured Naresh was beaten up with danda and the present accused/applicant fired at Naresh but the shot GIRISH KATHPALIA
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4556 9af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d155709 96b40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.09.08 17:01:00 +05'30'
misfired, after which all accused persons fled the spot. The injured Naresh was discharged from the hospital after medical treatment within two hours.
3. Learned counsel for accused/applicant contends that the accused/applicant is innocent but is in custody since 08.07.2025, without any cogent evidence against him and till date, even charge has not been framed.
4. Learned APP for State assisted by IO/SI Sukram Pal accepts notice and strongly opposes the bail application on the ground that the pistol allegedly used in the offence was recovered at the instance of the accused/applicant and one live cartridge and one empty shell also was recovered from the spot.
5. Of course the appreciation of facts shall be done by the trial court at appropriate stage, but for present purposes, one finds it difficult to understand as to how a live cartridge would fall on the spot and where is the dent caused by the fired bullet. On the latter aspect, the IO submits that “perhaps” the shot was fired in the air. But if that be so, it goes contrary to rest of the case of the prosecution.
6. In such circumstances, I do not find it appropriate to detain the accused/applicant further in jail. Therefore, the bail application is allowed and accused/applicant is directed to be released on bail subject to his GIRISH KATHPALIA
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569 af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1557099 6b40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.09.08 17:00:49 +05'30'
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/Duty Magistrate.
7. A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.
8. Accompanying application also stands disposed of.
GIRISH KATHPALIA (JUDGE) SEPTEMBER 08, 2026/dr GIRISH KATHPALIA
2.5.4.20=8401dd889b27a77b2f65ffffe4af ec45569af3962c6fb4835d435f97626cacc a, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d 15570996b40f80cbd2eee60402c487965f f801e26fa, cn=GIRISH KATHPALIA Date: 2026.09.08 17:00:32 +05'30'