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Amit Khanna vs. State Govt of NCT of Delhi

Bail Application · 2026:DHC:7961Decided 17 Sept 2026New Delhi Bench
BAIL APPLN. 1891/2026CNR: DLHC010217012026
Justice Girish Kathpalia

Background

The accused sought regular bail in an FIR originally registered against his cousin Deepak for a road accident (Sections 279/304A IPC), which was converted into a murder case (Sections 302/201/212/182/34/120B IPC) after investigation revealed it was the accused, not Deepak, who was driving the car that struck a girl on a scooter and then dragged her body entangled beneath the car for roughly 13 km. He had been in custody since January 2023.

Decision Breakdown

The Court reviewed CCTV footage played in the courtroom, which showed the car being handed over to the accused in the driver's seat but did not clearly show his face at the exact moment of the accident. Weighing this against an eyewitness's identification (made in her third statement, a week after the incident), DNA evidence matching flesh recovered from the car to the deceased, PCR records corroborating the car's registration number, and the accused's refusal to join an identification parade, the Court found the gravity and manner of the alleged killing, continuing to drive for 13 km with the victim's body entangled, sufficient to deny bail, notwithstanding gaps such as pending facial-recognition results. The bail application was dismissed.

Lesson Learnt

Bail can be refused in a grave offence even where identification evidence has some weaknesses, if CCTV footage, forensic (DNA) findings and the sheer manner of the alleged crime together paint a strong prima facie picture against the accused.

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