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$~3 & 4 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010037082026
BAIL APPLN. 495/2026
DHARMENDRA KUMAR
.....Applicant Through: Mr. Aditya Sharma, Mr. Omkar Sharma and Mr. Apoorva Bhargav, Advs.
versus
STATE OF NCT OF DELHI
.....Respondent Through: Mr. Satish Kumar, APP with Ms. Upasana Bakshi and Ms. Divya Bakshi, Advs. 4
# CNR No. DLHC010036802026 + BAIL APPLN. 502/2026
ARUN KUMAR
..... Applicant Through: Mr. Aditya Sharma, Mr. Omkar Sharma and Mr. Apoorva Bhargav, Advs.
versus
STATE NCT OF DELHI
.....Respondent Through: Mr. Satish Kumar, APP with Ms. Upasana Bakshi and Ms. Divya Bakshi, Advs.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R %
07.09.2026
1. By virtue of the present applications under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants seek grant of anticipatory bail in proceedings arising out of FIR No.80044451/2025 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 15/09/2026 at 12:25:10
dated 06.05.2025 registered at PS: Budh Vihar under Sections 303(2)/317(2)/112(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Succinctly put, the FIR was registered upon theft of LT cable belonging to North Delhi Power Limited (NDPL) measuring 504m from the footpath in front of NDPL Office, Sector 5, Rohini, Delhi on
06.05.2025. Based on the CCTV footage, the vehicles used were identified and the accused persons were apprehended who revealed that they, alongwith 10-15 accomplices including the applicants herein, had stolen the said cable, moved it to a nearby jungle, cut the same and loaded it into a pickup truck, which was then parked in Mandawali. 3. In these facts, this Court has heard learned counsel for the applicants as well as learned APP, as also gone through the materials on record. 4. As borne out, the present case involves theft and disintegration of Government property belonging to NDPL, which is an essential nature of public utility.
Though both the applicants herein claim to have been in Budaun, U.P. at the time of the incident, however, the CDR location of the mobile phone belonging to the applicant Arun was found in Delhi consistently till the evening before the incident, whereafter, the same was switched off, as also there were 33 calls made by the applicant Dharmendra to the kingpin of the organised theft, namely Junaid, at the relevant time. Thus, this raises a prima facie suspicion against the applicants of being present and participating in the commission of the offence. 5. Record further reveals that despite issuance of several notices upon the applicants to join the investigation, the applicants have been 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 15/09/2026 at 12:25:10
continuously evading the process. They were, in fact, found absconding during every raid conducted at their addresses in the State of U.P. Resultantly, now both have been declared proclaimed offenders under Section 84 BNSS by the learned Trial Court as well. 6. Taking a cumulative view of the aforesaid, particularly since the conduct of the applicants does not behove any confidence in this Court, the present applications are dismissed. 7. Needless to say, expression of view(s) on merits, if any, are solely for the purposes of adjudication of the present applications and shall have no bearing on the overall proceedings involved. SAURABH BANERJEE, J.
SEPTEMBER 07, 2026/Ab
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 15/09/2026 at 12:25:10