Court highlights delayed FIR registration, questionable last-seen witness testimony, and absence of forensic linkage to accused as key factors in bail grant
In a significant order dated October 15, 2026, the Delhi High Court granted regular bail to Sachin, the accused in a murder case registered under FIR No. 718/2022 at PS Mandawali. The bench of Justice Girish Kathpalia observed that the investigation conducted by the police was "completely botched up," raising serious concerns over the procedural lapses and evidentiary weaknesses in the case.
The case arose from the unnatural death of a man whose hospital had informed the police on December 4, 2022, about the incident through a General Diary entry (GD No. 69A). However, the police delayed registering the FIR until the evening of December 7, 2022, nearly three days later. Further compounding the issue, the entire investigation was reportedly concluded within three hours after FIR registration, by midnight on December 7-8, 2022, an unusually rapid timeline for a murder probe.
The prosecution's case primarily hinged on alleged confessions by the accused and co-accused, and the testimony of a "last seen" witness, Nishant. Nishant claimed to have last seen the deceased in the company of the accused, but notably, he did not know the accused by name prior to trial and only identified him during trial testimony. No Test Identification Parade (TIP) was conducted, undermining the reliability of this evidence. The court found this last-seen circumstance doubtful for the purposes of bail.
Regarding forensic evidence, the police submitted that DNA traces of the deceased were found on a ligature used in the crime. However, the court pointed out that this evidence only confirmed the use of the ligature but did not connect it to the accused in any manner.
The accused had been in custody since December 8, 2022, and despite the prosecution listing 25 witnesses, only 10 had been examined at the time of the bail hearing. The court noted that all public witnesses had been examined and there was no justification to continue depriving the accused of liberty given the prolonged custody and slow trial progress.
Justice Kathpalia underscored the lack of explanation from the police regarding the delayed FIR and the hurried investigation. The failure to produce arrest memos and other records further reflected poorly on the police's handling of the case. The court emphasized that this analysis was limited to the bail context, and the trial court must independently assess all evidence at the final stage.
Consequently, the Delhi High Court allowed the bail application and ordered the release of Sachin on furnishing a personal bond of Rs. 20,000 with one surety of the like amount. The order directs the concerned jail authorities to inform the accused promptly.
This judgment highlights the judiciary's vigilance in safeguarding individual liberty against flawed investigations, especially in serious charges like murder, and reinforces the principle that procedural lapses and weak evidence can be grounds for bail.
Bottom Line:
Bail - Murder case - Regular bail granted where investigation appeared botched up, FIR was registered with unexplained delay, alleged last seen witness had not identified accused earlier and no TIP was conducted, forensic evidence did not connect accused with crime, and accused had remained in custody for long period while trial was still pending.
Statutory provision(s): Indian Penal Code, 1860 Section 302
Sachin v. State of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2998040
