Opposing Liberty Without Case Diary, Delhi HC Raps IO; Grants Bail in Murder Case

The Delhi High Court recently criticised the recurring practice of Investigating Officers (IOs) appearing in court without case diaries, especially when opposing the liberty of an accused.

A bench presided over by Justice Girish Kathpalia stated, "It is strongly deprecated that in order to oppose the liberty of an individual, the Investigating Officer has appeared without the original police file or Case Diaries. It is the Case Diary which is the authentication of the investigation."

These observations were made in a case where the accused had sought regular bail. He was implicated in an FIR for alleged offences under Sections 302, 212, and 120B of the IPC, and Section 25 of the Arms Act.

According to the prosecution, on December 1, 2022, at around 11:30 pm, the complainant, who is the deceased’s brother, heard gunshots while going to buy medicine for his mother. Upon reaching the scene near M.R. Medicos, he reportedly saw two accused persons, Kamran and Saifu, carrying pistols.

When the IO was asked by the High Court to reveal evidence against the present accused, it was disclosed that certain weapons had been found in a house where the accused allegedly lived.

The IO further explained that these weapons were recovered based on statements given by Kasim and Kamran, who are accused killers.

"Admittedly, before carrying out the alleged search of the house, no notice was given to the owner or even the occupant of the house. Not just this, there is also no evidence to show that the accused/applicant was residing in that house as an owner or as a tenant," the Court observed.

Noting the circumstances, coupled with the incarceration of the accused since 2022 and the stage of proceedings before the trial court, the Court granted bail to the accused.

Case Title: Samir @ Azhar vs. State Govt. of NCT of Delhi

Order Date: July 15, 2025

Bench: Justice Girish Kathpalia