The Delhi High Court has granted bail to Nitish, an alleged member of the Lawrence Bishnoi gang, in connection with a firing incident outside the residence of former MLA Deep Malhotra.

Justice Sanjeev Narula presided over the case.

Nitish was booked under Sections 336, 307, 482, and 120B of the Indian Penal Code (IPC) and Sections 25 and 27 of the Arms Act, 1959. The prosecution alleged that the attack stemmed from gang rivalry and was linked to extortion threats made by fugitive gangster Goldy Brar.

Advocate Lewish Edward, representing Nitish, argued that his client was falsely implicated, as there was no direct evidence linking him to the crime. The defense highlighted that the Test Identification Parade (TIP) did not result in a positive identification.

The court, noting that the investigation was complete and the charge sheet had been filed, found Nitish's continued detention unwarranted. Several evidentiary gaps also weakened the prosecution’s case—ballistic reports did not confirm the weapon’s involvement, CCTV footage was inconclusive, and the complainant declined to identify Nitish due to fear.

“The case against him primarily relies on the disclosure statements of co-accused persons and Call Detail Record (CDR) analysis. Whether these are sufficient to establish guilt will be examined during trial. At this stage, the Applicant can be given the benefit of doubt,” the court observed.

It also emphasized the principle of parity, as co-accused individuals had already secured bail. Nitish’s extended custody of over a year, with no reported misconduct, further supported his release. However, to ensure a balance between individual liberty and public safety, the court imposed strict bail conditions, including regular police reporting and travel restrictions.

“Considering the overall circumstances and the absence of any prior criminal record, the Court grants bail to the Applicant upon furnishing a personal bond of INR 50,000/- with one surety of the like amount,” the order stated.

• For Petitioner: Advocates Lewish Edward and P. Vignesh

• For State: Additional Public Prosecutors Mukesh Kumar and Amit Ahlawat 

Case Title: Nitish v. State (BAIL APPLN. 3618/2024)