$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010353542026 + BAIL APPLN. 3118/2026 SALMAN .....Petitioner Through: Mr. Rajiv Mohan, Mr. Nishant M., Mr. Vishal Chillar, Ms. Nitika P., Mr. Ankur Rai, Mr. Abhishek Sharma and Mr. Amritanshu Rai, Advs. versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Manoj Pant, APP. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 09.09.2026 1. This hearing has been done through hybrid mode. 2. The present application has been filed under Section 483 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), seeking regular bail on behalf of the applicant in FIR No. 198/2026 registered at Police Station Uttam Nagar under Sections 117(2)/3(5)/333 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’). 3. Learned counsel for the petitioner submits that the FIR was registered after a delay of about 18 hours. 4. He further submits that, in her statement, the complainant stated that Salman, along with the co-accused, came near the water plant, where 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 10/09/2026 at 10:48:56 complainant and her husband were present and thereafter, the other accused persons came and gave beatings to the husband of the complainant. 5. He further submits that, apart from the delay of about 18 hours in the registration of the FIR, the name of the petitioner is not mentioned in the FIR and no specific role has been attributed to him. He further submits that even in the statement of the eyewitness, at whose instance the PCR form was filled, the name of the petitioner does not find mention. 6. He further submits that the allegations of sexual assault were subsequently added after about 14 days, in the statement recorded under Section 183 of the BNSS, and that too only against the co-accused persons and not against the present petitioner. 7. Per contra learned APP for the State submits that petitioner along with the other co-accused persons gave beatings to the husband of the complainant and due to those beatings he lost his vision in the left eye and therefore Section 117 (2) of the BNS has been invoked. 8. Learned APP for the State further submits that the allegations are heinous in nature and that the petitioner does not deserve the concession of regular bail. 9. Heard learned counsel for the petitioner and learned APP for the State. 10. It is a matter of record that there is a delay of about 18 hours in the registration of the FIR. 11. Perusal of the FIR shows that, initially, there were no allegations of sexual assault against any of the accused persons. Such allegations were subsequently made in the statement recorded under Section 183 of the BNSS, which was recorded about 15 days later. 12. In the FIR, the role attributed to the present petitioner is that he, along 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 10/09/2026 at 10:48:56 with one co-accused, went near the water plant, where the complainant and her husband were sitting, and thereafter called the other co-accused persons to the spot. 13. Considering the facts and circumstances of the case, the role attributed to the petitioner and the fact that he has been in judicial custody for the last four months, this Court is of the view that the petitioner is entitled to the grant of regular bail. 14. In view thereof, the present application is allowed. The applicant is directed to be released on bail upon his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount, to the satisfaction of the learned Trial Court/Link Court, subject to the following conditions: i. The applicant shall not leave India without prior permission of the learned Trial Court. ii. The applicant shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address. iii. The applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing. iv. The applicant is directed to give his mobile number to the Investigating Officer and keep it operational at all times. v. The applicant shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner. 15. The application is allowed and disposed of accordingly. Pending application(s), if any, also stand disposed of. 16. Needless to state, nothing mentioned hereinabove is an opinion on 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 10/09/2026 at 10:48:56 merits of the case and any observations made are only for the purpose of the present bail application. 17. Copy of the order be sent to the concerned Jail Superintendent for necessary information and compliance. 18. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 9, 2026/JYH/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 10/09/2026 at 10:48:56