$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 235/2026 AKASH CHAUDHARY .....Petitioner Through: Mr. Pradeep Teotia, Mr. Jayveer Singh, Mr. Lakshay Teotia, Advs. versus STATE G.N.C.T OF DELHI & ANR. .....Respondents Through: Ms. Meenakshi Dahiya, APP for the State with Mr. Aditya Vikram Singh, Advocate Insp. Narendra Singh, PS.: Gazipur Mr. Sudhir Naagar and Ms. Rajshree Singh, Advs. for R-2 CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 22.07.2026 1. By virtue of the present petition under Section 528 read with Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, (BNSS) the petitioner seeks setting aside of the order dated 30.12.2025 passed by learned Vacation Judge/ ASJ-03, East District, Karkardooma Courts, Delhi (learned Trial Court) as also cancellation of the bail granted to the respondent no.2 in FIR No.121/2025 registered at PS.: Gazipur, Delhi under Sections 103(1)/61(2)/249(a)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 25/27 of the Arms Act, 1959 (AA). 2. Amongst the various arguments addressed by learned counsel for petitioner including that the respondent no.2 was employed in U.P. Police at the relevant time, which casts serious apprehension that evidence/ 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 25/07/2026 at 11:31:52 witnesses may be tampered/ influenced as also that the respondent no.2 supplied the weapon of offence to the main accused making his role central to the crime, he primarily submits that the learned Trial Court, whilst on vacation, proceeded to grant regular bail to the respondent no.2 without following the due process of law since no notice was issued to the petitioner herein, as such she was unrepresented, and which further resulted in her not getting any opportunity of being heard in the proceedings therein, which is in clear violation of the settled law. In any event, the same is relevant as the present FIR has been registered under Sections 103(1)/61(2)/249(a)/3(5) of the BNS, along with Sections 25/27 of the AA. 3. At the outset, it is relevant to take note of the judgement rendered by the Hon’ble Apex Court in Jagjeet Singh v. Ashish Mishra: (2022) 9 SCC 321, wherein it has been held that a victim/ complainant, as contemplated under the Code of Criminal Procedure, 1973, cannot be compelled to wait until the commencement of trial to exercise the right to participate in criminal proceedings, as the same is a right which is vested and accrues from the moment an offence is committed, entitling the victim/ complainant to be heard at every stage of the proceedings. The relevant excerpts of Jagjeet Singh (supra), is reproduced herein below for the sake of clarity:- “24.1. First, the Indian jurisprudence is constantly evolving, whereby, the right of victims to be heard, especially in cases involving heinous crimes, is increasingly being acknowledged. 24.2. Second, where the victims themselves have come forward to participate in a criminal proceeding, they must be 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 25/07/2026 at 11:31:52 accorded with an opportunity of a fair and effective hearing. If the right to file an appeal against acquittal, is not accompanied with the right to be heard at the time of deciding a bail application, the same may result in grave miscarriage of justice. Victims certainly cannot be expected to be sitting on the fence and watching the proceedings from afar, especially when they may have legitimate grievances. It is the solemn duty of a court to deliver justice before the memory of an injustice eclipses.” (Emphasis Supplied) 4. In rebuttal, though this Court has heard learned counsel for the respondent no.2 in detail, however, there is no response qua the issue of non-issuance of notice to the petitioner. 5. Therefore, the factual matrix involved, the materials available on record and considering the submissions made by both learned counsels for the parties, particularly, since notice was not issued to the petitioner, and that too in a proceeding that involves heinous and grave offences under Sections 103(1)/61(2)/249(a)/3(5) of the BNS, along with Sections 25/27 of the AA, and whence the respondent no.2 was employed in U.P. Police at the relevant time, call for interference/ setting aside of the impugned order dated 30.12.2025. 6. As such, in view of the afore-going, the matter is remanded back to the learned Trial Court for adjudication afresh of the regular bail as sought by the respondent no.2 on merits, whilst giving the petitioner a chance to be heard/ represented, in a fair and impartial manner and/ or without being influenced by the outcome of the present petition and/ or the earlier impugned order dated 30.12.2025, on or before 31.08.2026. 7. However, considering that the petitioner has remained enlarged on bail for the past seven months, it is made clear that till the final decision on 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 25/07/2026 at 11:31:52 the application of the respondent no.2 for regular bail by the learned Trial Court on or before 31.08.2026, the petitioner shall continue to remain enlarged on bail upon the very same terms and conditions as imposed vide the impugned order dated 30.12.2025 in FIR No.121/2025 registered at PS.: Gazipur, Delhi under Sections 103(1)/61(2)/249(a)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25/27 of the Arms Act, 1959. 8. The present petition is accordingly disposed of with the aforesaid directions. 9. A copy of this order be sent to the learned ASJ-03, East District, Karkardooma Courts, Delhi for information and compliance forthwith. SAURABH BANERJEE, J JULY 22, 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 25/07/2026 at 11:31:52