Delhi HIgh Court

Delhi HC: Bail Granted Due to Questionable CCTV Footage in Theft Case

Updated
Mar 7, 2026 7:12 PM
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Summary: On February 27, 2026, the Delhi High Court granted bail to Kashinath Malik, accused of theft, due to lack of solid evidence.

Accusation and Arrest

Kashinath Malik was arrested for allegedly planning with others to steal from a house in C.R. Park, New Delhi. The incident was reported in Police Case No. 243/2024. The prosecution said that Kashinath Malik and his partners, including Sanjay Malik, joined the household as domestic workers and then stole various items and cash.

Evidence: CCTV Footage

The prosecution's case heavily relied on CCTV footage showing people carrying bags across the street. However, this footage was criticized for not clearly identifying any of the accused. The footage was reportedly taken by a moving camera, raising doubts about its authenticity.

"The footage shown fails to inspire confidence... the said moving footage was recorded by the head constable with his mobile phone."

Bail Plea and Arguments

Kashinath Malik's lawyer argued for bail, citing the lack of strong evidence and seeking equal treatment with co-accused Jagbandhu Malik and Sanjay Malik, who were already granted bail. The State opposed the bail, pointing out the repeated nature of the crimes using the same method.

Court's Decision

Justice Girish Kathpalia decided to grant bail, noting that the only evidence was the questionable CCTV footage and that Kashinath Malik had been in jail since August 5, 2025.

"Considering the above circumstances, I do not find any reason to deprive further liberty to the accused/applicant."

Bail Conditions

Kashinath Malik was granted bail with a personal promise to pay Rs. 10,000 and a guarantee of the same amount from someone else. The court emphasized that this order should not influence the final trial outcome.

This case shows how important solid evidence is in legal cases and raises questions about how reliable surveillance footage is in criminal cases.

Tags:
Bail
Criminal Law
Inconsistent Testimony