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Sonu @ Kishan Chand vs. State (GNCT of Delhi) & Monu @ Naveen vs. State (G.N.C.T. of Delhi)

Bail Application · 2026:DHC:9164Decided 14 Oct 2026New Delhi Bench
BAIL APPLN. 2710/2026 & BAIL APPLN. 2809/2026CNR: DLHC010303212026
Justice Sachin Datta

Background

Two brothers were booked in a 2022 FIR for allegedly assaulting two men with a cutter blade near Ambedkar Dharamshala, Usmanpur, Delhi. Their trial for attempt to murder and related offences was ongoing, and a trial court had earlier refused them bail. By the time the case reached the High Court, the injured parties had settled the dispute with the brothers and no longer wanted to pursue the case.

Decision Breakdown

The Court granted bail to both brothers, noting that the injured persons had compromised and did not oppose bail, that most of the trial evidence had already been recorded, and that one brother had been in custody since 2023 and the other since 2022. Relying on Supreme Court precedent that "bail is not to be withheld as a punishment," the Court held that continued detention would be unjustly punitive given these circumstances. Bail was granted on a personal bond of Rs. 25,000 each with surety and standard conditions.

Lesson Learnt

Even in a serious criminal case, if the alleged victims genuinely settle with the accused and most of the trial evidence is already secured, continued pre-trial detention can be seen as punishment rather than a safeguard, and courts can grant bail on that basis, especially after prolonged custody.

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