$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2977/2026 SUBHASH TOMAR .....Petitioner Through: Mr. Gaurav Kochar, Mr, Vishal and Mr. D. Jain, Advs. versus STATE GOVT NCT OF DELHI .....Respondent Through: Mr. Manoj Pant, APP ASI Gajraj Singh, PS Gokulpuri. Mr. Gaurav Dalal, Adv. for the complainant. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 29.07.2026 1. This hearing has been done through hybrid mode. 2. The present application has been filed by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS') seeking grant of anticipatory bail in connection with FIR No. 139/2026, registered at Police Station Gokal Puri, for the offences punishable under Sections 109(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’). 3. Learned counsel for the petitioner submits that the co-accused has already been granted interim protection by this Court and the role attributed to the present petitioner is identical to that of the said co-accused. It is further submitted that the injured persons have already been discharged from the hospital. 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 30/07/2026 at 14:21:22 4. Per contra, learned APP for the State opposes the application and submits that the role attributed to the present petitioner is distinguishable from that of the co-accused. It is submitted that whereas the co-accused has taken a plea of alibi, the present petitioner is specifically alleged to be the assailant who inflicted knife injuries upon the victims. It is further submitted that there are two injured persons in the present case, one of whom sustained grievous injuries while the other suffered simple injuries. It is, therefore, submitted that custodial interrogation of the petitioner is necessary for recovery of the weapon of offence. 5. Learned counsel appearing for the complainant through video conferencing also opposes the application and submits that the petitioner is a habitual offender and has criminal antecedents. It is submitted that the petitioner assaulted the complainant without any provocation and, therefore, does not deserve the discretionary relief of anticipatory bail. 6. This court has heard the learned counsel for the petitioner as well as the learned APP. 7. It is not in dispute that both the injured persons have since been discharged from the hospital. 8. Though it has been pointed out that the petitioner has criminal antecedents, it is also a matter of record that in one of the cases he already stands acquitted, while the remaining two cases are pending trial wherein he has been admitted to bail. 9. Accordingly, in the event of arrest, the petitioner shall be released on anticipatory bail on furnishing a personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the concerned SHO/Investigating Officer, subject to the following conditions: 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 30/07/2026 at 14:21:22 i. The petitioner shall join the investigation as and when called upon by the Investigating Officer and shall cooperate with the investigation. ii. The petitioner shall remain available on the mobile number furnished to the Investigating Officer and shall keep the same operational at all times. iii. The Applicant shall not directly or indirectly make an attempt to influence the witnesses or tamper with the evidence in any manner. iv. In case of change of residential address/contact details, the applicant shall promptly inform the same to the concerned I.O/SHO. 10. The application is disposed of in the above terms. Pending application(s), if any, also stand(s) disposed of, 11. The order be uploaded on the website forthwith. MADHU JAIN, J JULY 29, 2026/b/P 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 30/07/2026 at 14:21:22