$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2093/2026 AADIL KHAN .....Petitioner Through: Mr. Divyanshu Purwar, Mr. Nihal Mohammed and Mr. Abhishek Singh, Advs. versus STATE NCT OF DELHI .....Respondent Through: Mr. Anand V Khatri, ASC SI Sandeep Kumar, Special Cell/NDR CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 23.07.2026 1. This hearing has been done through hybrid mode. 2. Applicant seeks regular bail in case arising out of FIR No.214/2025 dated 25.07.2025, registered at P.S. Special Cell, Delhi, for commission of offences under Sections 221/132/109(1)/3(5) of Bharatiya Nyaya Sanhita (BNS), 2023 (corresponding Sections 186/353/307/34 of IPC) and Section 25/27 of Arms Act, 1959. 3. Learned counsel for the petitioner submits that all the allegations levelled against the petitioner are false and baseless. It is contended that, in fact, it was the petitioner who sustained gunshot injuries at the hands of the police party and that he has no involvement in any criminal activity. 4. Per contra, learned ASC/APP for the State submits that the petitioner, along with the co-accused persons, was involved in uprooting ATM machines and taking them away, which was their modus operandi. It is submitted that the accused persons first committed a similar offence at Jalpaiguri, West 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 14:21:30 Bengal, on 23.07.2025 and thereafter committed the present offence on 25.07.2025. 5. As per the status report filed by the prosecution, the allegations against the present petitioner are as under: “1. That on 24.07.2025 at around 07:15 PM SI Rahul Sagar received a secret information in Special Cell office Sadik Nagar, New Delhi regarding movement of some criminals in the area of Kalindi Kunj-Jaitpur Pushta Road, Delhi who were involved in the incidents of uprooting and breaking of A TM including one Sajid S/o Mustak who was wanted in case FIR No. 11/25, U/s 25 Arms Act, PS Special Cell, New Delhi. 2. After sharing the information with senior officers and as per their directions, a raiding team was formed. On reaching the spot i.e. Kalindi Kunj-J aitpur Pushta Road, Delhi at around 09:30 PM the team took its position. Secret informer was also positioned 500 meter towards Jaitpur road. At around. I 0:00 PM secret informer informed SI Rahul Sagar that Sajid along with his associate Aadil is coming towards them in a black color Pulsar bike without number plate, which is driven by Sajid wearing pink color shirt while Aadil (petitioner) is sitting behind him wearing black color half sleeve shirt. They both were carrying bag pack on their back. 3. Upon noticing the suspects approaching, HC Arif, who was in police uniform, acting under the directions of SI Rahul Sagar, signaled the riders to stop their motorcycle by loudly announcing, "Police! Police!" Despite the clear warning, the motorcycle rider, in a state of panic, suddenly swerved at high speed and attempted to escape by taking the motorcycle off the embankment onto the unpaved road on the left side. SI Rahul Sagar, along with the members of the raiding team, immediately chased the fleeing suspects while repeatedly shouting, "Police! Police!" and directed them to stop. 4. During the chase, the pillion rider suddenly took out a pistol and opened fire upon the police party. One bullet struck the front side of the bulletproof jacket worn by SI Rahul Sagar. In self defence, SI Rahul Sagar fired one round from his service pistol towards the motorcycle, causing it to lose balance and fall on the ground. 5. Both accused immediately got up and attempted to flee on foot. SI Rahul Sagar and SI Ashok Sharma disclosed their identity as police officers and directed both suspect to surrender. However, instead of complying, both accused persons indiscriminately 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 14:21:30 opened fire upon police party. Finding no other option and in the legitimate exercise of their right of private defence, as well as to apprehend the armed accused, SI Rahul Sagar and SI Ashok Sharma fired controlled shots from their respective service pistols, aiming at the lower limbs of the assailants. One bullet struck the right leg of the accused wearing a pink shirt, causing him to fall to the ground. 6.Meanwhile, the second accused, who was wearing a black half- sleeved shirt, continued firing at the police party. During the exchange of fire, one bullet hit the front side of the bulletproof jacket worn by SI Ashok Sharma. In self-defence and to neutralize the imminent threat, another controlled shot was fired towards the lower limb of the said accused, which struck his right leg, causing him to fall to the ground. 7. Immediately thereafter, the staff swiftly overpowered both accused persons. Their respective pistols were safely taken from their possession and secured at the spot with due precautions. The bags being carried by both accused were also taken into police possession and placed safely at the scene. 8.0n conducting a cursory examination of the motorcycle rider, who was wearing the pink shirt, it was found that he had sustained a gunshot injury on his right leg. Upon inquiry, he disclosed his identity as Sajid, S/o Mustak, Rio Near Masjid, Nangal Mubarikpur, P.O. Mandikhera, Mewat, Haryana, aged about 23 years. 9.Similarly, the other apprehended accused, who was wearing a black halfsleeved shirt, was also subjected to a cursory examination and was found to have sustained a gunshot injury on his right leg. Upon inquiry, he disclosed his identity as Aadil Khan, S/o Ismail, Rio Ajizabad, Bela (112), Dighot, Palwal, Haryana, aged a~out 27 years. 11.The spot was photographed by Crime Team. On checking and inspection of the pistol of Sajid it was found having one live cartridge in chamber and two live cartridges in magazine while one live cartridge in chamber and one live cartridge in magazine was found in the pistol of Adil. 12.ln this regard, a case vide FIR No. 214/2025, dated 25/07/2025, U/s 221/132/109(1)3(5) BNS & 25127 Arms Act, PS Special Cell, New Delhi was registered. Both accused persons were arrested in the above mentioned case. During the course of investigation section 317(2) BNS was also added as bike recovered from the accused persons was stolen. 14.During the course of investigation accused Aadil Khan disclosed that he bought the pistol and cartridges from Sajid @Kala Rio Vill. Rahri, Distt. Nuh, Haryana. During the PC 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 14:21:30 remand, at the instance of accused Aadil, search of accused Saj id @ Kala above was made but he was not found present at his residence. A search was also made in the vicinity of the area but in spite of best efforts he could not be found. 15.Aadil Khan also disclosed that he along with co-accused Sajid, Ujher, Aftabh and Saj id @ Kala above had committed the incidence of A TM uprooting and looting in the area of Siliguri, West Bengal few days back. 16.An FIR No. 727 /2025, dt. 23.07.2025, U/s 305/324(5)/326(g)/33 l( 4 )/61 (2) BNS was found to be registered at PS Bhakti Nagar, Distt. Jalpaiguri, Police Commissionerate Siliguri, West Bengal regarding this incidence in which both accused persons were arrested by Jalpaigiri police later.” 6. This Court has also perused the order sheet dated 25.07.2025, handed over by the learned APP for the State, passed by the learned Trial Court when the present petitioner and the co-accused were produced after their arrest. The relevant portion of the order dated 25.07.2025 passed by the learned JMFC reads as under: “FIR No. 214/2025 U/s 221/132/109(1)3(5) BNS & 25/27 Arms Act PS Special Cell State Vs. Sajid & Anr 25.07.2025 Present: Id. Substitute APP for the State. Accused Sajid and Aadil Khan produced after fresh arrest Sh. Bhanu Malhotra, Id counsel for both accused. SI Sandeep Kumar alongwith case file. Arrest memos perused. Arrest is found to be as per rules. Brothers of the accused have been informed about their arrest. Grounds of arrest have been informed to the accused persons. MI.Cs perused and the same indicate gun-shot injuries on the right legs of both the accused persons. Upon enquiry, the IO has stated that the accused persons sustained the same during an encounter as they were trying to evade arrest. I have asked the IO to leave the court room and enquire the accused persons for the reason behind the injury and they have confirmed the submissions of the IO. Accordingly, the possibility of custodial torture is ruled out. At this stage, IO has moved an application seeking 14 days JC remand of both the accused persons. It is stated that the accuse 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 14:21:30 persons are involved in looting the AIM machines and they have been found in possession of illegal arms. Further, they have fired on police officials on duty and judicial custody is required to prevent the accused from committing any further offence and for proper investigation of the case. Case diary perused. Arguments heard. In terms of above mentioned submissions, accused persons be remanded to JC for 14 days, to be produced before concerned Court on 08.08.2025. Accused persons be provided medical treatment as per rules. Copy of this order be sent to the Jail Superintendent. Copy of this order be given dasti, as prayed.” 7. Having considered the submissions advanced by learned counsel for the parties, perused the Status Report and the material placed on record, this Court finds that the allegations against the petitioner are of a serious nature. Considering the nature and gravity of the allegations, the manner in which the offences are alleged to have been committed, the material collected during investigation, and the antecedents attributed to the petitioner, this Court is of the considered view that no ground for grant of bail is made out at this stage. 8. Accordingly, the present bail application is dismissed. 9. The order be uploaded on the website forthwith. MADHU JAIN, J JULY 23, 2026/prg/rm 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 14:21:30