Research › Search › Judgment

High Court of Delhi · body

2025 DAILYLAW 1502 (DEL)

OM PRAKASH v. THE STATE GOVT. OF NCT OF DELHI

BAIL APPLN./913/2025 · 2026-01-13

Saurabh Banerjee

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 913/2025 OM PRAKASH .....Applicant Through: Mr. Amit Kumar, Adv. versus THE STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Raghuinder Verma, APP for State alongwith Mr. Aditya Vikram Singh and Mr. Ashish Mahani, Advs. and SI Vipin Rathi, P.S. Tigri, South Delhi. CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 13.01.2026 1. The present bail application was filed on 27.02.2025 after supplying an advance copy to the State/ Police, before it being listed for the first time on 03.03.2025 when it was duly represented. Although no stay/ interim order was granted in favour of the applicant, however, the same was kept day after 05.03.2025 for hearing. 2. In the interregnum, the Police moved an appropriate application before the learned Metropolitan Magistrate, Saket Courts, New Delhi (learned M.M.) for taking appropriate steps with respect to issuance of Non-bailable Warrants against the applicant, and though it was granted on 02.03.2025, however, filing/ receipt of the present application was not brought to the notice of the learned M.M. as there was no mention therein. In fact, in compliance thereof the Police arrested the applicant on 04.03.2025 and kept the applicant under custody for a period of one month. 3. No doubt, there was no order in favour of the applicant, and as This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/01/2026 at 11:50:49 expected, the Police (personnel) were moving ahead in accordance with law as per the procedure(s) prescribed, however, the urgency shown by them to proceed in an arbitrary manner treating the proceedings as if it was a special case, whence there is no such noting therein in the file handed over to this Court by the learned APP and the surrounding circumstances as per above raise a shadow of doubt over their action(s), and that too, in the midst of pendency of the present application. 4. At this stage, Mr. Ravinder Tomar, the erstwhile SHO and Mr. Vipin Rathi, I.O., both present in Court, have tendered their due unconditional apology and submit with all fairness that they shall rectify their mistake(s), if any, and shall not commit these kind of errors in future. 5. This Court accepts the respective apology tendered by Mr. Ravinder Tomar, the erstwhile SHO and Mr. Vipin Rathi, I.O. in open Court. 6. However, considering that the I.O. and the erstwhile SHO involved, are present in Court, this Court feels it appropriate to call upon them not to repeat the same steps which were followed hurriedly by them in such an arbitrary manner, particularly, since they are for providing assistance and protection to the common man on the street and also have a personal liability towards the people of this Nation, and since they themselves have a future ahead. 7. Since nothing is remaining in the present bail application, the same has become infructuous. 8. Accordingly, the present bail application is disposed of. SAURABH BANERJEE, J JANUARY 13, 2026/bh This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/01/2026 at 11:50:49