BAIL APPLN./1104/2026 of KAPIL @ GABRU Vs STATE, NCT OF DELHI on 24 September 2026

O R D E R

% 24.09.2026

1. This hearing has been done through hybrid mode.

2. 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 to the petitioner in FIR No. 739/2025 registered at P.S. Mangolpuri, Delhi, under Sections 115(2)/126(2)/351(2)/110/3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’).

3. Learned Senior Counsel appearing for the petitioner submits that the present case arises out of a quarrel between the parties, in respect of which cross-cases have also been registered. It is submitted that the petitioner has himself lodged a complaint against the persons belonging to the complainant side and that FIR No. 740/2025 came to be registered in respect of the same occurrence.

4. Learned Senior Counsel further submits that the petitioner had earlier been granted interim protection from arrest by the learned Trial Court which was subsequently withdrawn.

5. Per contra, learned APP for the State opposes the present application. He submits that although the petitioner was granted interim protection by the learned Trial Court, he did not cooperate with the investigation and, consequently, the interim protection was not extended and the anticipatory bail application was ultimately dismissed vide order dated 09.01.2026. It is further submitted that the petitioner has previous involvement in two other cases.

6. This Court has heard learned Senior Counsel appearing for the petitioner as well as learned APP for the State and has perused the material placed on record.

7. The FIR arises out of an incident dated 03.10.2025 at the parking area of the e-rickshaw stand in F-Block, Mangolpuri. The prosecution case is that the complainant and another injured person were allegedly assaulted by the petitioner along with the co-accused persons. The record also discloses that a cross-FIR, being FIR No. 740/2025, was registered at P.S. Mangolpuri.

8. The status report placed on record notes that the injuries mentioned in the MLCs of the injured persons on the complainant side were opined to be simple in nature.

9. Having regard to the overall facts and circumstances of the case, including the fact that the incident has resulted in cross-cases, the nature of the injuries attributed to the complainant side and the fact that the petitioner had earlier joined the investigation pursuant to the orders of the learned Trial Court, this Court is of the view that the petitioner can be granted anticipatory bail, subject to his continued cooperation with the investigation.

10. Accordingly, in the event of arrest, the petitioner shall be released on anticipatory bail on his furnishing a personal bond in the sum of ₹25,000/- with one surety of the like amount to the satisfaction of the concerned SHO/Investigating Officer, subject to the following conditions: i) The Petitioner shall join the investigation as and when directed by the Investigating Officer and shall provide his mobile number and permanent residential address to the IO by tomorrow. ii) The Petitioner shall remain available on the mobile number(s) shared by him with the Police. iii) The Petitioner shall not directly or indirectly make any attempt to influence the witnesses or tamper with the evidence in any manner. iv) In the event of any change in his residential address or contact details, the Petitioner shall promptly intimate the same to the concerned IO/SHO.

11. Accordingly, the present application is allowed in the above terms and stands disposed of. Pending application(s), if any, also stand disposed of.

12. A copy of this order be sent to the concerned Jail Superintendent for necessary information and compliance.

13. Nothing stated herein shall be construed as an expression on the merits of the case.

14. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 24, 2026/prg/P