$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010378632026 + BAIL APPLN. 3333/2026 & CRL.M.A. 24963/2026 ALAM @ ALAMGIR ALI .....Petitioner Through: Mr. Uday Gupta, Senior Advocate with Ms. Shivani Lal, Mr. Hiren Dasan, Mr. Ajay Sharma, Mr. Unmukt Gera, Mr. Priyaranjan Singh, Mr. Abhi Garg and Mr. Dipanshu Rana, Advocates. versus THE STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Amit Ahlawat, APP for State (through videoconferencing) with SI Kamal Kant, PS South Campus. CORAM: HON'BLE MR. JUSTICE GIRISH KATHPALIA O R D E R % 17.08.2026 1. The accused/applicant seeks anticipatory bail in case FIR No. 108/2025 of Police Station South Campus, South District, Delhi for offence under Section 303(2) BNS. 2. At the outset, learned APP for State assisted by IO/SI Kamal Kant raises two preliminary issues. Firstly, it is contended that since till date, no merit-based order has been obtained by the accused/applicant from the Court of Sessions, the present application is not maintainable. Secondly, it is submitted by learned APP for State, on instructions of IO, that the accused/applicant has already been declared a proclaimed offender, so 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 18/08/2026 at 11:17:01 cannot be granted anticipatory bail. 3. Learned Senior Counsel for accused/applicant, on instructions, seeks permission to withdraw this anticipatory bail application with liberty to file appropriate application before the Court of Sessions. 4. As requested, the anticipatory bail application and the accompanying application are dismissed as withdrawn with liberty as sought. 5. At request of learned Senior Counsel for accused/applicant, his contention is recorded that the grant of anticipatory bail is not completely barred even after the accused is declared proclaimed offender. In this regard, learned APP seeks to refer to the judgment of the Supreme Court in the case of Balmukund Singh Gautam vs. State of Madhya Pradesh and Anr., (2026) 6 SCC 216. GIRISH KATHPALIA, J AUGUST 17, 2026/dr 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 18/08/2026 at 11:17:01