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2026 DAILYLAW 14614 (DEL)

ABDUL REHMAN v. THE STATE GOVT OF NCT OF DELHI

BAIL APPLN./3169/2026 · 2026-08-07

Madhu Jain

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010360352026 + BAIL APPLN. 3169/2026 ABDUL REHMAN .....Petitioner Through: Mr. Ashok Kumar Singhal and Mr. Kapil Singhal, Advs. versus THE STATE GOVT OF NCT OF DELHI .....Respondent Through: Mr. Naresh Kumar Chahar, APP SI Arvind Kumar and ASI Parveen PS Jafrabad. Mr. S.A. Khan, Adv. for complainant CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 07.08.2026 1. This hearing has been done through hybrid mode. CRL.M.A. 23903-04/2026 (exemption) 2. Allowed, subject to all just exceptions. Applications are disposed of. BAIL APPLN. 3169/2026 3. The present application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’) seeking grant of anticipatory bail in FIR No. 120/2026 registered at Police Station Jafrabad for the offence punishable under Section 110(3)(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’). 4. Briefly stated, the prosecution case is that on 26.04.2026 at about 3:00 p.m., the complainant, Zaid Malik, was present at a biryani shop near Gali No. 48, Jafrabad, when an altercation allegedly arose between him and the accused 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 11/08/2026 at 11:14:41 persons over a monetary dispute. It is alleged that the petitioner, along with the co-accused, assaulted the complainant using a chulha and other objects, resulting in grievous injuries, including a nasal bone fracture. The injured was initially taken to JPC Hospital and was thereafter referred to GTB Hospital for further treatment. On the basis of the complainant's statement, the present FIR came to be registered. 5. Learned counsel for the petitioner submits that the co-accused persons have already been granted anticipatory bail by this Court. He further submits that the weapon of offence has already been recovered and, therefore, no recovery remains to be effected from the petitioner. It is submitted that the custodial interrogation of the petitioner is not required. 6. Per contra, learned counsel for the complainant as well as the learned APP for the State oppose the petition and submit that the role attributed to the co-accused persons is only of restraining the injured, whereas the specific allegation against the present petitioner is that he inflicted the injuries upon the complainant. It is further submitted that the injuries sustained by the complainant are grievous in nature. 7. Learned APP for the State further submits that although the weapon of offence has already been recovered, the gravity and nature of the allegations against the petitioner cannot be overlooked while considering the present application. 8. Heard learned counsel for the parties. 9. This Court is conscious of the fact that the weapon of offence has already been recovered. However, considering the gravity of the allegations, the nature of injuries sustained by the complainant, and the specific role attributed to the petitioner as the main perpetrator, this Court is not inclined 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 11/08/2026 at 11:14:41 to exercise its discretion in favour of the petitioner. 10. Accordingly, no ground for grant of anticipatory bail is made out. The present petition is dismissed. 11. Pending application(s), if any, also stand disposed of. 12. Nothing stated herein shall be construed as an expression on the merits of the case. 13. The order be uploaded on the website forthwith. MADHU JAIN, J AUGUST 7, 2026/prg/Av 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 11/08/2026 at 11:14:41