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Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

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Criminal LawDelhi High Court

Akshay Kumar vs. The State (NCT of Delhi) & Anr.

Bail Application · 2026:DHC:8172Decided 22 Sept 2026New Delhi Bench
BAIL APPLN. 1680/2026CNR: DLHC010187772026
Justice Sachin Datta

Background

Akshay Kumar had been in custody since January 2021, accused (along with three co-accused) of causing fatal injuries to one Rahul in Jahangirpuri, Delhi, an incident allegedly captured on CCTV. He had been charged under Section 302/34 IPC (murder with common intention), and an earlier bail application had been dismissed in mid-2025. He filed a fresh application citing a change in circumstances since then.

Decision Breakdown

The Court noted that since the last bail rejection, the key eyewitness (the complainant) had been cross-examined and stated he had not been shown the CCTV footage and could not identify the applicant, and that most other witnesses had also since been examined, leaving only formal/official witnesses to be recorded. Because the risk that the applicant could influence witnesses had substantially reduced, and given his prolonged custody of nearly 5 years and 8 months with no certainty about when the trial would conclude, the Court found a genuine "change in circumstances" justifying bail, and released him on conditions (bond, passport deposit, restrictions on leaving Delhi, etc.), clarifying this was not a comment on the merits of the case.

Lesson Learnt

Even where an earlier bail application was rejected, an undertrial can seek bail again if there has been a genuine change in circumstances, such as key witnesses having since been examined and the risk of tampering with evidence having reduced, especially where custody has already been extremely prolonged.

Akshay Kumar vs. The State (NCT of Delhi) & Anr. – Legal Case Shots | LegalAware