The Delhi High Court granted bail to Sourab Rawat and Ankit Kumar, accused in the April 2023 Khan Market murder of Akash. The decision was based on their prolonged incarceration and the slow pace of the trial, with a third accused denied bail.
The Delhi High Court recently granted bail to two accused in the murder case of Akash in April 2023 in Khan Market due to rivalry between two groups of boys. Akash, aged about 19 years, was allegedly stabbed to death by a rival group boy near Loknayak Bhavan in the Khan Market area. An FIR was lodged at Tughlak Road Police Station.
The High Court granted bail to Sourab Rawat and Ankit Kumar after considering the period of incarceration and the slow pace of the trial. However, the High Court denied bail to another accused, Karan Rai.
Bail Granted with Conditions
Justice Sanjeev Narula granted bail to Sourab Rawat and Ankit Kumar subject to furnishing bail bonds of Rs 25000 and a surety bond in the like amount by each accused.
The bench observed, “Having considered the allegations and the material relied upon by the prosecution, including the CCTV footage, call detail records, recoveries and the evidence concerning prior hostility, the Court finds that the continued detention of these Applicants is not necessary to secure the purposes of the proceedings. The risks associated with their release can be addressed through appropriate conditions.”
“Accordingly, the applications are allowed. The Applicants, Sourab Rawat and Ankit Kumar, are directed to be released on regular bail upon furnishing personal bonds in the sum of Rs 25,000 each, with two sureties each in the like amount, to the satisfaction of the concerned Trial Court,” Justice Narula ordered on October 17.
Court Cites Slow Trial and Long Incarceration
The court said that the period of custody and the progress of the trial acquire significance in these circumstances, adding that both Applicants have remained incarcerated for more than three years. Charges were framed in April 2024, and the prosecution has cited 58 witnesses.
The bench said that the material placed before the Court shows that only a small fraction of these witnesses has been examined, and substantial evidence, including that concerning the alleged conspiracy, remains to be recorded. “There is consequently no reasonable indication that the trial will conclude shortly.”
The Court emphasised that it recognises that neither prolonged custody nor the anticipated duration of trial can, by itself, justify bail in a prosecution for murder. “Here, however, the delay is not merely a matter of conjecture. The trial has remained pending for a considerable period after the framing of charges, while both Applicants have already undergone substantial incarceration. The significance of that period must be assessed alongside their respective roles, the evidence recorded so far and their individual circumstances,” Justice Narula said in the judgment.
Witness Tampering Concerns Addressed
The bench also considered the apprehension of interference with witnesses. The prosecution alleged an existing rivalry between the groups, and several witnesses concerning motive and conspiracy remain to be examined. The court said that the concern expressed by the State and the Complainant cannot, therefore, be dismissed lightly. However, no specific instance of either applicant having attempted to influence or intimidate a witness has been brought to the Court’s attention.
The Prosecution’s Case
The prosecution case is that the murder of Akash, aged about 19 years, occurred near Khan Market on 16th April, 2023. According to the prosecution, longstanding hostility existed between two groups, one of which included the deceased. Following an earlier altercation, the accused allegedly conspired to attack members of the rival group.
On the evening of the incident, several persons assembled near Sujan Singh Park and proceeded towards Khan Market, where Akash was assaulted and stabbed. He was taken to RML Hospital and declared brought dead. The post-mortem examination attributes his death to shock and haemorrhage resulting from multiple ante-mortem stab injuries, the Prosecution said. (ANI)
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