$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2515/2025 and CRL.M.A. 16902-16903/2026 SHIKHAR GUPTA .....Petitioner Through: Mr. Mukesh Kalia, Mr. Sidharth Gaurav, Ms. Kanika Vohra, Mr. Shivam Sharma, Mr. Adeed Nawaz, Ms. Akanksha shivhare, Advocates. versus STATE NCT OF DELHI .....Respondent Through: Mr. Shoaib Haider, APP for State CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 08.07.2026 1. The instant application has been filed on behalf of the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of regular bail in relation to FIR No.213/2025 registered at PS Shahbad Dairy qua the offence punishable under Sections 105/ 106(1)/ 282 of Bharatiya Nyaya Sanhita, 2023 (BNS 2023). 2. Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the instant case. According to him, the date of incident is 25.03.2025, whereas, the offence under Section 105 of the BNS 2023 was added on 14.04.2025, on the statement of two witnesses. He contends that there are various deficiencies in the prosecution’s case and if the entire material is considered in right 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 13/07/2026 at 16:55:03 perspective, it would not establish the complicity of the applicant. He also submits that the applicant has no criminal background and even when he was granted interim bail, he diligently abided by all the terms and conditions imposed by the Courts and has in a timely manner surrendered before the concerned Court. 3. The submissions made on behalf of the applicant are strongly opposed by learned APP for the State as well as the father of the applicant. They contend that bearing in mind the seriousness of the allegation i.e., that due to the negligent driving of the accused, the deceased was hit by a car by the accused / applicant, he is not entitled for grant of regular bail. 4. I have considered the submissions made by learned counsel for the parties and perused the record. 5. The prosecution case would indicate that on receiving of an information on 25.03.2025 regarding an incident, the concerned police official reached the spot and found a Splendor motorcycle and an E-Cart PIAGGIO Ape in an accidental condition. He then collected the MLC of the deceased Rahul and recorded the statement of eyewitness Utpal Kumar, who stated that a car hit a bike from behind and the biker, thereafter, collided with the front of an E-Cart vehicle, on the basis of which a case under Sections 281/106(1) of BNS was registered at PS Shahbad Dairy. 6. During the course of investigation, it was found that at the time of the incident, two more persons namely, Parush and Dipesh were riding with the deceased on the same motorcycle, who had also sustained injuries and were treated under MLC. Their statements were recorded, in which they have 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 13/07/2026 at 16:55:03 stated that on the day of the incident, while they were roaming in Sector-1, Rohini with their friend Rahul i.e., the deceased, three persons including a girl and two boys standing near a white Venue car, stopped them. One of the boys, called them and started an argument and he also threatened them, saying that if they did not leave the place, he would crush them under his car. It is, on the basis of the said statement, the offence under Section 105 of the BNS was invoked in place of Sections 281/106(1) of the BNS. The applicant herein was thereafter, arrested on 15.04.2025 and since thereafter, he is in jail. 7. It be noted that after investigation, the charge sheet has been filed and the matter is pending for trial. The Court, vide order dated 07.02.2026 has also taken note of the factual position of the case of the prosecution and vide paragraph no.15 thereof, was of the view that the hearing of the instant application should be deferred to a date beyond the examination of the two witnesses namely, Parush and Dipesh. It is pointed out that both of them have already been examined and they have supported the prosecution’s case. 8. The father of the deceased submits that the matter is fixed for examination of the witnesses on 20.08.2026, therefore, the date be further deferred beyond 20.08.2026. 9. Having considered the overall facts and circumstances and without expressing any opinion on the merits of the case, the Court finds that the applicant is in judicial custody for about 15 months; there is no other criminal case against him; the applicant is ready to abide by all terms and conditions as has been imposed for completion of trial. Bearing in mind all 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 13/07/2026 at 16:55:03 the aforesaid aspects the Court deems it appropriate to enlarge the present applicant on regular bail. The Court, therefore, directs for the release of the applicant on regular bail subject to the conditions to be imposed by the concerned Trial Court. 10. In view of the aforesaid, the instant application along with the accompanying applications stands disposed of. PURUSHAINDRA KUMAR KAURAV, J JULY 8, 2026 Nc 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 13/07/2026 at 16:55:03