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Aniket vs. State NCT of Delhi

Bail Application · 2026:DHC:8875Decided 7 Oct 2026New Delhi Bench
BAIL APPLN. 3187/2026CNR: DLHC010361892026
Justice Sachin Datta

Background

Aniket was accused of holding down a complainant outside a wine shop while a co-accused stabbed him with a knife. He had been in judicial custody for about 16 months. The knife used was recovered on the disclosure of the co-accused, not Aniket, and the investigation and chargesheet were already complete, with charges framed against him in April 2026.

Decision Breakdown

The Court held that Aniket's role, restraining the complainant rather than wielding the weapon, was materially different from the co-accused's, and that the actual victim/witness had failed to appear for recording his testimony despite the trial reaching the evidence stage. Relying on Supreme Court precedents on the right to a speedy trial under Article 21 and that prolonged pre-trial detention should not become de facto punishment, the Court granted regular bail on a personal bond of Rs. 25,000 with detailed reporting conditions.

Lesson Learnt

Courts distinguish between an accused's specific role in an offence (e.g., restraining versus actually wielding a weapon) when deciding bail, and lengthy pre-trial custody combined with a stalled trial strongly favours release, consistent with the principle that "bail is the rule, jail is the exception."

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