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Sanam Dagar vs. State (NCT of Delhi)

Bail Application · 2026:DHC:8541Decided 30 Sept 2026New Delhi Bench
BAIL APPLN. 2834/2026CNR: DLHC010317502026
Justice Girish Kathpalia

Background

The accused was alleged to have entered a gym with associates and opened fire, with CCTV footage showing him firing the pistol that caused three bullet injuries to the victim. He sought bail on grounds of parity with a co-accused already granted bail and on account of prolonged custody.

Decision Breakdown

The Court distinguished the co-accused's role (whose pistol had jammed and not fired) from the accused's own role (whose pistol caused the actual injuries). It also found the accused's own defence counsel responsible for delaying the trial, including failing to appear for a scheduled cross-examination of the injured witness, undercutting the "prolonged custody" argument. The unchallenged injured witness's testimony and clear CCTV footage weighed against bail, which was dismissed.

Lesson Learnt

A co-accused's bail does not automatically extend to another accused where their actual roles in the offence differ materially; delay caused by one's own defence counsel cannot later be used as a ground for bail.

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