Order 30

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF MS. NISHA SAHAY SAXENA
PRINCIPAL DISTRICT & SESSIONS JUDGE
NORTH-WEST DISTRICT: ROHINI COURTS: DELHI
CNR No. DLNW01-009110-2024
SC 764-24
State v. Darshan Singh & Anr.
FIR No. 282/24
PS Kanjhawala
u/s. 302/341/34 IPC
13.02.2026 (Bail Order)
This is an application moved for grant of interim bail to
accused Darshan Singh.
I have heard Ld. Addl. PP for State and Ld. defence
counsel Sh. R.S. Malik.
1. Ld. Counsel for the applicant/accused submitted that
the child of applicant/accused, namely Harman, aged about 4 yrs,
is seeking admission in Nursery class and has, inter alia,
submitted application forms to CIAT Convent Sr. Sec. School,
Delhi, D.A.V. Public School, Paschim Vihar, Delhi, DAC
Centenary Public School, Paschim Vihar, Delhi; Delhi Heritage
School, Rohını, Delhi: VJ Convent School, Kanjhawala, Delhi
and Heera Lal Public Sr. Sec. School, Bhagya Vihar, Delhi, for
the upcoming academic session. The admission process
commenced on 23.01.2026 and is scheduled to close on
19.03.2026. The said admission is subject to completion of
requisite formalities and payment of the prescribed fees within
the stipulated timelines.
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2. Ld. Counsel for the applicant/accused further
submitted that the administrations of the aforesaid schools also
require the presence of both parents of the child at the time of
completion of admission formalities, including interaction,
document verification, and submission of requisite declarations.
The presence of the applicant/accused is, therefore, necessary to
ensure compliance with the admission procedure. Furthermore,
right to education is a constitutional right of the child of the
applicant/accused guaranteed under Article 21-A of the
Constitution of India, and any impediment in securing admission
would adversely affect the fundamental rights and future
prospects of the child. There is no other male member in the
family to manage the financial needs and the presence of the
applicant/accused is necessary for arranging funds and
completing the formalities relating to the admission of the minor
child of the applicant/accused. The presence of the applicant/
accused is essential for coordinating with the concerned school
authorities and ensuring compliance with admission requirements
within the prescribed time. The said admissions are time-bound
and crucial for the academic future of the minor child, and timely
financial arrangements are required to secure the education of the
child of the applicant/accused. Delay in arranging the necessary
funds may result in loss of the academic opportunity for the
minor child, which would cause irreparable prejudice to the
future of the child.
3. Ld. Counsel for the applicant/accused further
submitted that the applicant/accused is an innocent person and
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has nothing to do with the alleged offence in any manner and he
is a victim of circumstances. His arrest in motivated.
"Presumption of Innocence" is a golden rule of the Criminal
Legal System that has been considered to be one of the
paramount principles in criminal jurisprudence. The grant of bail
ought not to be denied only on the perceived apprehension by the
Court that the applicant/accused, if restored to liberty, will
tamper the evidence or because of possibility of his involvement
in the case.
4. Ld. Counsel for the applicant/accused further
submitted the Hon'ble Supreme Court in various judgments has
also confirmed that "Bail is the rule and jail is an exception”.
The applicant/accused is a law-abiding citizen, and he undertakes
to abide by every condition that may be imposed upon him while
releasing him on interim bail in the present case. The
applicant/accused further undertakes that he shall not misuse the
concession of interim bail in any manner. Till date, the
applicant/accused has not preferred any bail application before
this Court or before any other court in the present case, and the
applicant/accused is approaching this Court for the first time
seeking the present relief. The applicant/accused further
undertakes not to attempt to influence any witness or to tamper
with any evidence that may be relevant for the present case and
shall surrender before the concerned authorities immediately
upon expiry of the period granted by this Court. It is prayed that
the applicant/accused may be granted interim bail for a period of
45 days from the date of his release, in the interest of justice.
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5. Ld. Addl. PP has opposed the bail application and
submitted that on 08.06.2024, 3 PCR calls vide DD No. 113A,
116A &119A regarding the quarrel at Shani Bazar Road near
PNB, Rani Khera and admission of deceased Sandeep Dabas s/o
Satbeer Dabas r/o Rani Khera, Delhi at Shri Agrasen
International Hospital were received in PS Kanjhawala. On
receipt of the call, SI Narender and police teams rushed to the
hospital and at the place of the incident. On enquiry and from
the CCTV footage of the place of incident, it surfaced that
deceased Sandeep Dabas, aged about 38 years was running a
Gym in the name of X-Fit at Rani Khera and at about 8.30 PM,
he was returning his home in his Thar car having Registration
No. DL-10-CV-7487. On the way, there was traffic congestion
on the road due to the Shani Bazar. One Darshan @ Somu, a
resident of Rani Khera was trying to regulate the traffic in front
of his own home. It was also surfaced that some hot talk took
place between the deceased and alleged Darshan @ Somu and
after some time the deceased moved towards his home in his car.
It was also surfaced that after a few minutes, alleged Darshan @
Somu along with another person chased the deceased and
stopped his car at some distance. Allegedly Darshan @ Somu
picked an electric stand from one Rehri and hit on the head of the
deceased. Pradeep, elder brother of Darshan is also seen in the
CCTV footage at the place of the incident.
6. Ld. Addl. PP further submitted that the deceased
reached his home on his car where he became unconscious. His
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brother Pradeep with the help of neighbors broke the driver side
window of the car and took him out from the car and took the
deceased to Shri Agrasen International Hospital vide MLC
no.2027/24 where the deceased was declared brought dead.
Dead body of deceased Sandeep preserved in SGM Hospital
Mortuary for PME. Pradeep, elder brother of the deceased,
stated that his deceased brother informed him in the way that
Darshan s/o Dhramvir (DADAL) and his brothers assaulted him
and Darshan hit the electric stand on his head. Crime team and
FSL team inspected the SOC and SI Narender lifted the exhibits
with the help of FSL team and seized through seizure memo. A
case u/s.302/341/34 IPC has been registered on the statement of
Pradeep, elder brother of the deceased.
7. Ld. Addl. PP further submitted that during the course
of investigation, postmortem of dead body of deceased Sandeep
Dabas was conducted vide PM no. 600/24 in SGM Hospital
Mortuary. After PM, autopsy surgeon handed over the sealed
parcel i.e. viscera, blood sample, cloths, blood on gauze and
fingers nail clippings of deceased and same were seized vide
seizure memo and deposited in malkhana. PM report is received
and as per opinion, cause of death is due to craniocerebral
damage as a result of blunt force/object impact. All injuries are
antemortem in nature. During course of investigation, accused
Darshan Singh and Pardeep Singh Deswal were apprehended and
both of them were arrested in the instant case. Darshan Singh
also received injuries in the incident and he was admitted in
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SGM Hospital on vide MLC no. 10298/24. During interrogation,
both of them admitted their involvement in the murder of
deceased. Hence, they had disclosed that they can help in
recovery of weapon of offence and blood stained clothes wearing
by them at the time of incident. Weapon of offence i.e. iron stand
of Battery LED light used by accused Darshan in murder of the
deceased was recovered and blood stained clothes worn by
accused Pardeep at the time of incident were seized in the case.
8. Ld. Addl. PP further submitted that during the course
of investigation, subsequent opinion regarding weapon of offence
i.e. Iron stand of Battery LED light recovered at the instance of
accused Darshan Singh, was taken from Autopsy Surgeon,
Mortuary, SGM Hospital, Delhi on 05.05.2022. After that,
CCTV footage, exhibits and mobile phones sent to FSL Rohini
for expert opinion and FSL result has been received and sent to
the court through supplementary charge sheet. CDR and location
chart of the mobile phones numbers of accused persons have
been collected and after analysis of the CDR, the mobile phone
location of the all accused was found near the place of incident.
After completion of investigation charge sheet has been filed
before the court on 04.09.2024.
9. Ld. Addl. PP further submitted that applicant's minor
child Harman (aged about 4 years) is undergoing a time-bound
nursery admission process, which ordinarily requires
coordination for admission formalities. Applicant has a brother
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namely Ankit, mother, and wife namely Anshu, aged-25 years,
who are available to take care of the minor child and may assist
in arranging funds and attending to routine admission-related
requirements. Ld. Addl. PP for State requested that the
accused/applicant may not be granted interim bail on the grounds
applied by him. Accused/applicant Darshan may influence the
witnesses or may harm victim's family and jump the bail. It is
prayed that the bail application of accused/applicant Darshan
may be dismissed.
10. Keeping in view the gravity of the offence; that the
statement of complainant is yet to be recorded; that there are
family members of the applicant, who can do the needful for
admission of the child; that the applicant/accused may threaten or
persuade or pressurize the complainant in case he is enlarged on
bail, the interim bail application of the applicant/accused is,
accordingly, dismissed.
11. List on the date already fixed i.e. 18.03.2026 for PE.
12. Copy of the order be sent to the concerned Jail
Superintendent for information. Copy of the order be also given
dasti.
(Nisha Sahay Saxena)
Principal District & Sessions Judge (NW)
Rohini Courts, Delhi/13.02.2026/sb
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