Delhi HC Grants Bail to Alleged Bishnoi Gang Shooter Accused of Firing at Former Punjab MLA’s Residence

The Delhi High Court has granted bail to an alleged shooter of the Bishnoi gang, accused of opening fire at the residence of former MLA Deep Malhotra from Faridkot, Punjab, in connection with an extortion case allegedly orchestrated by gangsters Lawrence Bishnoi and Goldy Brar.

Justice Sanjeev Narula, while allowing the bail plea of accused Sombir alias Totla, relied on the Supreme Court’s ruling in Prabhakar Tewari v. State of U.P., which held that the mere pendency of multiple criminal cases against an accused cannot, by itself, be a valid ground for denial of bail.

The FIR in the case was registered at P.S. Punjabi Bagh under Sections 336 and 34 of the IPC, along with provisions of the Arms Act, based on a complaint by Yogesh Kumar, a security guard at Malhotra’s residence.

According to the prosecution, on December 3, 2023, unidentified assailants opened fire at the main gate of Malhotra’s house in West Punjabi Bagh.

Following the incident, the Crime Branch arrested several accused, who allegedly disclosed that the firing was carried out by Sombir along with another accomplice. The police claimed that the shooters were acting on the instructions of the Lawrence Bishnoi and Gogi syndicates, allegedly at the behest of fugitive gangster Goldy Brar.

During the investigation, Sections 307, 120B, and 482 IPC were also added.

On December 20, 2023, the TIP proceedings of Nitesh and Sombir were conducted. The complainant, while acknowledging the presence of the shooters, declined to identify them before the Magistrate, citing fear of reprisals due to their alleged gang affiliations.

Meanwhile, Malhotra stated that in October 2023, Goldy Brar had made threatening calls demanding extortion money and had subsequently orchestrated the burning of two of his liquor shops in Punjab.

However, the applicant’s counsel argued that he had been falsely implicated, as his name surfaced only in the disclosure statement of a co-accused, which is inadmissible in evidence. It was also pointed out that the complainant failed to identify the applicant in the Test Identification Parade, CCTV footage showed armed men with covered faces, and no incriminating recovery was made from the applicant.

Conversely, the prosecution contended that releasing the applicant on bail could lead to threats to witnesses and the complainant, thereby hampering the trial.

It was further argued that the inclusion of Section 307 IPC was justified as the complainant had stated that the assailants fired at him, and the applicant has criminal antecedents in four other cases.

The Court noted that the investigation is complete, the chargesheet has been filed, and the matter is at the stage of framing charges. It also recorded that the applicant has been in custody for 1 year, 7 months, and 16 days, with satisfactory jail conduct.

Significantly, the Court observed that the CCTV footage, though showing armed individuals firing at the gate, did not establish the applicant’s identity as their faces were concealed. The FSL report also weakened the prosecution’s case by concluding that the seized weapons were not used in the crime.

“Considering the overall facts and circumstances of the case, the Court is inclined to enlarge the applicant on bail on furnishing a personal bond for a sum of INR 50,000/- with one surety of the like amount, subject to the satisfaction of the Trial Court/Duty MM, and subject to conditions,” the order stated.

Accordingly, the applicant’s regular bail plea was allowed.

For the Accused: Mr. Lewish Edward, Mr. P. Vignesh, Mr. Gyandendra Singh, Advocates

For the State: Mr. Hemant Mehla, APP for the State with SI Parmod Kumar, Crime Branch

Case Title: Sombir @ Totla vs State of NCT of Delhi

Order Date: 11 August 2025

Bench: Justice Sanjeev Narula