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2026 DAILYLAW 11206 (DEL)

AKASH DUHOON v. STATE (NCT OF DELHI) & ANR.

BAIL APPLN./2468/2026 · 2026-07-06

Saurabh Banerjee

body2026

Judgment text

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$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2468/2026 AKASH DUHOON ....Applicant Through: Mr. Kuldeep Jauhani, Mr. Sahil Ahuja and Mr. Tanav Kausal, Advs. versus STATE (NCT OF DELHI) & ANR. .....Respondents Through: Mr. Raghuinder Verma, APP SI- Monu Chauhan, PS: Anti Narcotics Cell Mr. Archit Kaushik, Adv. for complainant CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 06.07.2026 CRL.M.A. 19089/2026 (Exemption) 1. Allowed, subject to all just exceptions. 2. The present application is disposed of. BAIL APPLN. 2468/2026, CRL.M.A. 19088/2026 (Interim protection) 3. By virtue of the present bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant seeks grant of anticipatory bail in FIR No.194/2026 dated 21.05.2026 registered at PS: Patel Nagar under Sections 115(2)/127(2)/351(3)/3(5)/110/61 of the Bharatiya Nyaya Sanhita, 2023. 4. Succinctly put, the present FIR came to be registered on the complaint of the victim/ respondent no.2, wherein it was alleged that on 21.05.2026 the applicant called the victim to his house, and upon the 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 08/07/2026 at 11:40:46 victim reaching there, the applicant, along with other co-accused persons assaulted him, forcibly submerged his head into a bucket of water and further threatened him with a firearm. 5. Issue notice. Learned APP for the State accepts notice and submits that he shall be relying on the Status Report/ Reply filed by the State before the learned Sessions Court, which is already on record. Learned counsel for the complainant also accepts notice and supports the case of the prosecution. 6. This Court has heard learned counsel for the applicant and the complainant as also learned APP for the State. 7. This Court prima facie finds that the allegations against the applicant are serious in nature inasmuch as the applicant herein is alleged to be the main perpetrator of the offence, who, along with the other co- accused persons, assaulted the victim after calling him to his house. Moreover, as per the Status Report, the investigation is still at a nascent stage, and material evidences like blood stained clothes of the victim, weapon(s) used by the applicant are yet to be recovered. Further, this Court has been told that the other co-accused persons are still absconding. Thus, custodial interrogation of the applicant cannot be ruled out at this stage. 8. This Court has also been apprised that the family member(s) of the victim are receiving threats by some unknown number allegedly at the behest of the applicant/ accused. 9. Moreover, the applicant is not a first-time offender and there are as many as three other FIRs involving serious offences like kidnapping and robbery already pending against him. 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 08/07/2026 at 11:40:46 10. Facts further reveal that though the applicant joined investigation while he was enjoying interim protection (during which, as per learned APP, he did not co-operate), however failed to appear before the investigating agencies on 01.07.2026 i.e., the very next day after his interim protection was vacated by the learned ASJ (FTC)-01, West, Tis Hazari Courts vide order dated 30.06.2026, particularly, on account of his non-cooperation. 11. The above act of the applicant speaks volumes and, prima facie, shows disregard to the process of law. Nobody can be allowed to take undue benefit of an interim protection granted by a Court of law, and that too while an applicant is seeking an anticipatory bail. This is relevant in the facts and circumstances of the present case as the applicant was not only to merely join the investigation but also participate therein. This also reflects that there is still a necessity of custodial interrogation of the applicant, which he has evaded. 12. Ergo, in view of the aforesaid discussion, the present application along with the pending application, is dismissed. 13. Needless to say, any observations made herein on the merits of the matter are purely for the purposes of adjudicating the present application and shall not be construed as expressions on the merits of the matter. SAURABH BANERJEE, J JULY 6, 2026/Ab 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 08/07/2026 at 11:40:46