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Gourav Yadav @ Vishu vs. The State Govt of NCT of Delhi

Bail Application · 2026:DHC:7634Decided 8 Sept 2026New Delhi Bench
BAIL APPLN. 3726/2026CNR: DLHC010422102026
Justice Girish Kathpalia

Background

The applicant was accused of firing a pistol at a man named Naresh during a street altercation with a plumber in 2025, though the shot allegedly misfired and Naresh was only beaten with a stick and discharged from hospital within two hours. The applicant had been in custody since July 2025 without charges yet being framed.

Decision Breakdown

The Court noted inconsistencies in the prosecution's version, despite the claim of a fired shot, no bullet dent was found at the scene, and the investigating officer could only speculate that the shot was fired "in the air," which contradicted the rest of the prosecution's own case. Given the prolonged pre-charge custody and these unexplained gaps in evidence, the Court granted bail on a personal bond of ₹10,000 with one surety.

Lesson Learnt

Courts scrutinise the physical plausibility of a prosecution's story, not just the seriousness of the charge: internal inconsistencies in the evidence (like a missing bullet mark) can support bail even in serious-sounding cases.

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