Anticipatory bail sought in an assault FIR under Section 110/3(5) BNS. The applicant was named by the injured complainant, never joined investigation, faced proclamation proceedings and had similar antecedents. The court held parity with a co-accused arrested and bailed was inapplicable and dismissed the application.
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*** IN THE HIGH COURT OF DELHI AT NEW DELHI**
versus
THE STATE OF NCT OF DELHI .....Respondent Through: Mr. Ritesh Kumar Bahri, APP for the State with Ms. Divya Yadav and Mr. Lalit Luthra, Advocates. ASI Jayprakash Singh, PS Burari.
CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R
% 10.11.2025
BAIL APPLN. 4265/2025 Page 1 of 5
This is a digitally signed order.
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is innocent. She further submits that the co-accused Sandeep has already been admitted on bail and the applicant is entitled to bail on account of parity.
Krishna Kundu : (1997) 8 SCC 104 , held as under:
BAIL APPLN. 4265/2025
Page 2 of 5
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 12/11/2025 at 11:54:03
9. Similar observations have been made by us in a recent judgment in State v. Anil Sharma [(1997) 7 SCC 187 : 1997 SCC (Cri) 1039 : JT (1997) 7 SC 651] : (SCC pp. 189-90, para 8)
xxx
12. We are strongly of the opinion that this is not a case for exercising the discretion under Section 438 in favour of granting anticipatory bail to the respondents. It is disquieting that implications of arming the respondents, when they are pitted against this sort of allegations involving well-orchestrated conspiracy, with a pre-arrest bail order, though subject to some conditions, have not been taken into account by the learned Single Judge. We have absolutely no doubt that if the respondents are equipped with such an order before they are interrogated by the police it would greatly harm the investigation and would impede the prospects of unearthing all the ramifications involved in the conspiracy. Public interest also would suffer as a consequence. Having apprised himself of the nature and seriousness of the criminal conspiracy and the adverse impact of it on “the career of millions of students”, learned Single Judge should not have persuaded himself to exercise the discretion which Parliament had very thoughtfully conferred on the Sessions Judges and the High Courts through Section 438 of the Code, by favouring the respondents with such a pre-arrest bail order. ”
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weeks in custody, pursuant to filing of chargesheet against him. 11. It is to be kept in mind that the considerations governing the grant of pre- arrest bail are materially different than those to be considered while adjudicating application for grant of regular bail, as in the latter case, the accused is already under arrest and substantial investigation is carried out by the investigating agency.
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 12/11/2025 at 11:54:03
reveals his tendency to commit offences the moment he gets bail in one case. Antecedents of such nature cannot be ignored while considering the application seeking pre-arrest bail. While the presumption of innocence and the right to liberty are fundamental principles of law, they must be considered in conjunction with the gravity of the offence, its societal impact, and the need for a comprehensive and unobstructed investigation.
AMIT MAHAJAN, J
NOVEMBER 10, 2025 DU
Page 5 of 5
BAIL APPLN. 4265/2025
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 12/11/2025 at 11:54:03
2 issues framed by the court
Whether pre-arrest bail should be granted to an applicant specifically named in an FIR who never joined investigation and faces Section 84 BNSS proceedings.
Whether the applicant could claim parity with a co-accused enlarged on regular bail after arrest.
Colour shows how this judgement treated each authority
State of A.P. v. Bimal Krishna KunduRelied on¶8
(1997) 8 SCC 104 · Who else cites this
2 provisions across 2 enactments
Deepak alias Passion
The State of NCT of Delhi
Amit Mahajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
