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2025 DAILYLAW 3886 (DEL)

NITIN KUMAR v. THE STATE NCT OF DELHI

BAIL APPLN./4873/2025 · 2026-01-15

Girish Kathpalia

body2025

Judgment text

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BAIL APPLICATION 4873/2025 Page 1 of 2 pages $~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 15.01.2026 + BAIL APPLN. 4873/2025, CRL.M.A. 37547/2025 & CRL.M.(BAIL) 2490/2025 NITIN KUMAR .....Petitioner Through: Mr. Shashank Pachouri and Mr. Akash Ranjan Srivastava, Advocates versus THE STATE NCT OF DELHI .....Respondent Through: Mr. Sanjeev Sabharwal, APP for State with ASI Sunil, PS Karawal Nagar CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The accused/applicant seeks anticipatory bail in case FIR No.327/2025 of Karawal Nagar for offence under Section 118(1)/3(5) of BNS. 2. Broadly speaking, the allegation against the accused/applicant is that the complainant de facto was assaulted on the fateful night by 3-4 boys including ‘Javali ka Pandit’ and at behest of accused Rahul, one of those boys inflicted injury on cheek of the complainant de facto with some pointed object after which the assailants fled away. GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45 569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1557 0996b40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.01.15 19:07:27 -08'00' Digitally Signed By:NEETU N NAIR Signing Date:15.01.2026 19:32:19 Signature Not Verified BAIL APPLICATION 4873/2025 Page 2 of 2 pages 3. It is contended by learned counsel for accused/applicant that admittedly, the accused/applicant and the complainant de facto reside in the same locality; and that being so, had the accused/applicant been part of assailant group, it is not believable that the complainant de facto would not have mentioned the accused/applicant by name. Further, it is pointed out that according to MLC, the complainant de facto was under influence of alcohol. 4. Learned APP assisted by IO/ASI Sunil fairly admits that there is no other incriminating evidence against the accused/applicant. 5. By detailed order dated 16.12.2025, the accused/applicant was granted interim protection from arrest by the predecessor bench. 6. Considering the above circumstances, I find no reason to deprive the accused/applicant liberty. 7. The anticipatory bail application is allowed and it is directed that in the event of his arrest, the accused/applicant shall be released on bail, subject to his furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the IO/SHO concerned. Pending applications also stand disposed of. GIRISH KATHPALIA (JUDGE) JANUARY 15, 2026/as GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec 45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15 570996b40f80cbd2eee60402c487965ff801 e26fa, cn=GIRISH KATHPALIA Date: 2026.01.15 19:07:12 -08'00' By:NEETU N NAIR Signing Date:15.01.2026 19:32:19