Delhi High Court
BAIL APPLN./4576/2025 of ASHU SHARMA Vs STATE NCT OF DELHI on 15 September 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010941152025 + BAIL APPLN. 4576/2025 ASHU SHARMA .....Petitioner Through: Mr. Sudhir Naagar and Ms. Rajshree Singh, Advs. versus STATE NCT OF DELHI .....Respondent Through: Mr. Manoj Pant, APP for State. SI Hemant Kumar, P.S. Jafrabad. CORAM:
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IN THE HIGH COURT OF DELHI AT NEW DELHI
#
CNR No. DLHC010941152025
+
BAIL APPLN. 4576/2025
ASHU SHARMA
.....Petitioner
Through:
Mr. Sudhir Naagar and Ms. Rajshree
Singh, Advs.
versus
STATE NCT OF DELHI
.....Respondent
Through:
Mr. Manoj Pant, APP for State.
SI Hemant Kumar, P.S. Jafrabad.
CORAM:
HON’BLE MS. JUSTICE MADHU JAIN
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O R D E R
% 15.09.2026
1. This hearing has been done through hybrid mode.
2. Learned counsel for the Applicant submits that the father and the paternal uncle of the Applicant are already in jail and that the Applicant has no role in the entire incident. He submits that the father of the Applicant has already filed a civil suit against the complainant, which is pending adjudication, and that all the allegations of forgery of documents and trespass are against the father and the paternal uncle of the Applicant and the Applicant has no role to play in the entire incident.
3. Learned counsel for the Applicant further submits that initially the Applicant was also granted interim protection by the learned Trial Court. He further submits that though, as per the complainant himself, he went to the property on 15.04.2023, the FIR was subsequently registered only on 31.12.2024, i.e., after a delay of more than one year, and there are no allegations against the present Applicant except that he allegedly extended threats to the complainant.
4. Per contra, learned APP for the State submits that the Applicant has already been declared a Proclaimed Offender by the learned Trial Court vide order dated 30.10.2025 and the said order has not been challenged by the Applicant till date. He further submits that the Applicant, along with the other co-accused persons, not only grabbed the property of the complainant but also forged the property documents. He further
5. Learned APP further submits that there are also two antecedents against the present Applicant, one prior to the registration of the present FIR and another subsequent thereto. In the subsequent case registered in 2026, the allegations are of robbery and the Applicant is stated to be absconding.
6. Heard learned counsel for the Applicant and learned APP for the State.
7. There is no quarrel with the proposition that the anticipatory bail application filed by an accused shall be maintainable despite the accused being declared as a Proclaimed Offender. But the conduct of the Applicant cannot be ignored by the Court while deciding the anticipatory bail application. Not only has he failed to appear, but there are also two more cases against him and one case of robbery has been registered after the registration of the present FIR.
8. There are serious allegations of not only robbery but also forgery of documents and having taken possession of the property of the complainant by illegal means. In such circumstances, the Court is not inclined to exercise its discretionary power.
9. Accordingly, the present bail application is dismissed. Pending application(s), if any, also stand disposed of.
10. Needless to state, nothing stated hereinabove shall be construed as an expression of opinion on the merits of the case, and the observations made herein are confined to the consideration of the present bail application.
11. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 15, 2026/prg/m