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Criminal LawDelhi High Court

Dheeraj Toor vs. The State (NCT of Delhi) & Anr. and connected matters

Bail Application · CNR No. DLHC010194152026Decided 1 Oct 2026New Delhi Bench
BAIL APPLN. 1720/2026, BAIL APPLN. 1766/2026CNR: DLHC010194152026
Justice Sachin Datta

Background

The applicant, Dheeraj Toor, has been in custody since February 2023 in a case over the death of a man on 04.02.2023, registered at P.S. Baba Haridas Nagar, Delhi. The chargesheet has been filed, most public witnesses have been examined, and a co-accused had already been granted bail, partly because a key witness turned hostile. The prosecution relied on a forensic (DNA) report linking clothing recovered at the applicants' instance to the deceased, while the defence relied on a Supreme Court ruling that recovered blood-stained clothes alone are not enough to prove the charge.

Decision Breakdown

The High Court granted regular bail to both applicants. It weighed their more than three years and seven months of custody, the substantial evidence already recorded, and the bail granted to the co-accused. The Court applied the settled principle that "bail, not jail" is the rule, and that pre-trial detention cannot be a punishment, while acknowledging that the offence is grave. Each applicant was directed to furnish a bail bond of Rs 25,000 with one surety, and to comply with conditions such as not leaving the country, not contacting witnesses, and reporting to the Investigating Officer when called.

Lesson Learnt

A long period of pre-trial custody combined with a slow trial can outweigh the seriousness of a charge when deciding bail. Bail comes with strict conditions, and breaching them can lead to cancellation.

Dheeraj Toor vs. The State (NCT of Delhi) & Anr. and connected matters – Legal Case Shots | LegalAware