Anil Kumar Vs State of N.C.T. of Delhi — Murder and Culpable Homicide | Delhi HC (2026)

Anil Kumar Vs State of N.C.T. of Delhi — Murder and Culpable Homicide | Delhi HC (2026)

What the court decided

AI extract

Outcome

Bail application dismissed as withdrawn with liberty as sought - liberty to file afresh before the trial court at appropriate stage; trial court requested to expeditiously decide framing of charge and any subsequent bail application; liberty also accorded to file an interim bail application before the trial court on medical grounds of the petitioner's mother.

Issue for consideration

Whether the accused/applicant Anil Kumar is entitled to regular bail in case FIR No. 121/2025 of PS Chhawla for offence under Section 103(1)/238(B)/61(2)/3(5) BNS. +1 more

Court's answer

On counsel's request (with liberty to file afresh before the trial court at appropriate stage, since a third supplementary chargesheet was to precede consideration of charge framing), the bail application was dismissed as withdrawn with liberty as sought.

Ratio / Principle

Till that date the Court had not taken any view on the bail application or on whether charge must be framed against the accused/applicant and, if so, under which section; the learned trial court was to take an independent view on these aspects and was requested to expeditiously take a view on framing of charge and thereafter decide the bail application, if filed.

Key takeaways

As requested, the accused/applicant was permitted to also file an interim bail application before the learned trial court on medical grounds of his mother.ratio¶16

Detailed headnote1 paragraphs

Delhi High Court (Girish Kathpalia, J.), 11.03.2026 - Regular bail application (Bail Appln. 4937/2025) of Anil Kumar, accused in FIR No. 121/2025 of PS Chhawla for offence under Section 103(1)/238(B)/61(2)/3(5) BNS, dismissed as withdrawn with liberty to file afresh before the trial court at the appropriate stage. Withdrawal was sought because the IO was yet to file a third supplementary chargesheet, after which the trial court could consider framing of charge. The Court expressly recorded that it had formed no view on the bail application or on whether, and under which section, charge must be framed, leaving both matters to the trial court's independent determination, with a request to proceed expeditiously on charge-framing and thereafter decide any bail application filed. Liberty was additionally given to seek interim bail before the trial court on medical grounds of the petitioner's mother.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- BAIL APPLN. 4937/2025, CRL.M.(BAIL) 2523/2025 & CRL.M.(BAIL) 2578/2025 (for interim bail)

ANIL KUMAR .....Petitioner Through: Mr. N. Hariharan, Senior Advocate with Mr. Siddharth Yadav, Mr. R.N. Sharma, Mr. Rahul Sambher, Ms. Kashish Ahuja, Mr. Ayush Singh, Mr. Lokesh Kumar, Mr. Arjun Singh, Mr. Aman Akhtar, Mr. Varan Ahlawat and Ms. Sana Singh, Advocates

versus

STATE OF N.C.T. OF DELHI .....Respondent Through: Mr. Sanjeev Sabharwal, APP for the State with Inspector Sudhir Kumar, PS Chhawla

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA O R D E R % 11.03.2026

The accused/applicant seeks regular bail in case FIR No. 121/2025 of PS Chhawla for offence under Section 103(1)/238(B)/61(2)/3(5) BNS.

In furtherance of last order, the IO/Inspector Sudhir Kumar has produced the concerned case diary.

Learned Senior Counsel for accused/applicant, on instructions, seeks permission to withdraw this bail application with liberty to file afresh before the trial court at appropriate stage since the IO has submitted that he shall file the third supplementary chargesheet, after which the trial court shall be able to consider framing of charge.

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 12/03/2026 at 12:42:21

As requested, the bail application is dismissed as withdrawn with liberty as sought.

It is made clear that till date this Court has not taken a view on the bail application and/or the question as to whether charge must be framed against the accused/applicant and if so, under which section. The learned trial court shall take independent view on these aspects. However, the learned trial court is requested to expeditiously take a view on framing of charge and thereafter decide the bail application, if filed.

As requested, the accused/applicant may also file interim bail application before the learned trial court on medical grounds of his mother.

GIRISH KATHPALIA, J MARCH 11, 2026 ‘ rs’

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 12/03/2026 at 12:42:21