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Prateek Gulati vs. State of NCT of Delhi & Anr.

Criminal Miscellaneous Case · 2026:DHC:8761Decided 5 Oct 2026New Delhi Bench
CRL.M.C. 4426/2026CNR: DLHC010265602026
Justice Sachin Datta

Background

The prosecution alleges that respondent no. 2 assaulted the victim during a quarrel on the road in October 2025, despite being told that the victim had a heart condition, and then intercepted and assaulted him again while he was leaving. The victim died on 17 October 2025. The accused was arrested on 16 October 2025 and the chargesheet was filed on 10 January 2026, under FIR No. 1217/2025 at PS Karol Bagh. On 19 June 2026 a Tis Hazari Court granted regular bail to the accused, and the petitioner challenged that order.

Decision Breakdown

The Court found that the bail order did not consider the eyewitness accounts, including the statement of the victim's driver, who was a direct witness to both assaults, nor the medical opinion that the cause of death was shock from blunt force impact to the chest, with all injuries ante mortem. Holding that these material aspects had been overlooked, the Court set aside the 19 June 2026 bail order. It directed the accused to surrender before the Trial Court within 15 days, asked the Trial Court to expedite consideration of charges and to record eyewitness evidence within four weeks, and gave the accused liberty to seek fresh bail after that evidence is recorded.

Lesson Learnt

When bail is considered, courts must examine key eyewitness and medical evidence, not just the accused's custody status. A bail order that overlooks material evidence can be set aside, and a fresh bail application may be considered once trial evidence is recorded.

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