$~131 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2467/2026 and CRL.M.A. 19084/2026 ANURAG MISHRA .....Petitioner Through: Ms. Nandita Rao, Sr. Advocate with Mr. Vimal Tyagi, Advocate. versus STATE NCT OF DELHI .....Respondent Through: Mr. Ajay Vikram Singh, APP. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 06.07.2026 1. The petitioner seeks for anticipatory bail in connection with FIR No.167/2025 registered at Police Station Paschim Vihar East for offence under Sections 103(1)/61(2)/318(3&4)/49/249A/238A/336(3)/340(2)/ 111/3(5) of the Bharatiya Nyaya Sanhita, 2023 [BNS] and Sections 25/27(3) of the Arms Act. 2. The FIR pertains to murder of one Raj Kumar. The allegation against the present petitioner is of hatching the conspiracy with his brother and other accused. He allegedly assisted the accused persons in providing them shelter, financial assistance and logistical support. It is alleged that he facilitated their escape from the law enforcement. The record would indicate that earlier the non-bailable warrants was issued against the petitioner, however the same was cancelled. The charge-sheet against the present petitioner could not be presented on account of his non-joining 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 10/07/2026 at 11:15:59 investigation. 3. Mr. Nandita Rao, learned senior counsel, appearing for the petitioner submits that the petitioner is ready to join the investigation and he is a young boy of about twenty-two years having no criminal antecedents. His brother is already lodged in Jail. Since the investigation qua the offence in question has been completed, therefore, the Court may consider to enlarge him on anticipatory bail. 4. The submissions are strongly opposed by learned counsel appearing for the prosecution. He submits that one of the accused persons namely Vikas Tomar was granted anticipatory bail by the trial Court vide order dated 31.05.2025. The said order was set aside by this Court in Crl. M.C. No.4124/2025 on 06.12.2025 and against the said order, the SLP has been dismissed. 5. Ms. Rao, however, submits that the facts and circumstances and the role assigned to the other accused person namely - Vikas Tomar is clearly different. She submits that four co-accused persons have already enlarged on regular bail. She submits that harbouring of a crime is not a serious offence. She further submits that Yash, Ronak and Shiva have not assigned any role to the present petitioner for the commission of offence. 6. I have considered the submissions made by learned counsel appearing for the parties and have perused the record. The Court has considered the reasoning assigned by the trial Court more particularly in paragraph no. 4 of the impugned order. It has come on record that the elder brother of the petitioner was actively involved in the commission of the offence in question. It is the prosecution’s case that as of now three accused persons including the present petitioner since have not surrendered, therefore, 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 10/07/2026 at 11:15:59 investigation is not being taken to its logical conclusion. It is submitted that car i.e., Brezza is yet to be recovered which was used by the shooters namely – Taranjeet and Suraj. The petitioner’s mobile is yet to be recovered. The larger conspiracy and the involvement of any other accused persons will also have to be looked into if the petitioner surrenders and is taken into custody. It is pointed out that looking at the nature of the allegation and the manner in which the crime was committed, the custodial interrogation of the petitioner is necessary. The statement of witnesses namely - Yash, Ronak and Shiva would prima facie establish the complicity of the petitioner in the commission of the offence. The petitioner was allegedly using dubious applications namely Signal App, through which the whole conspiracy was hatched by Kapil Sangwan @ Nandu, Venket Garg, Ankush Banondi, Akash Mishra and other accused persons. It is alleged that the gang committed a murder at Bawana, Delhi and the kingpin of the gang tagged the main conspirator and doer namely – Akash Mishra and Anurag Mishra on “Twitter – X” for taking responsibility of the case. 7. All these aspects will have to be further confronted once the petitioner is taken into custody. The date of FIR is 11.04.2025. Despite more than one year has elapsed, the accused has not surrendered. 8. Bearing in mind the overall facts and circumstances and the manner in which the offence is committed, the Court is not inclined to grant anticipatory bail. The same is, therefore, rejected. Pending application also stands disposed of. PURUSHAINDRA KUMAR KAURAV, J JULY 6, 2026 / tr 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 10/07/2026 at 11:15:59