Allowed

Kunal v. State Nctof NCT of Delhi

Delhi HC12 Feb 2026BAIL APPLN./632/2026

Case brief

AI extract

What is this about?

The Delhi High Court granted anticipatory bail to the applicant, correcting the Trial Court's error in treating the applicant as named in the FIR based on a brother's initial statement, before a supplementary clarifying statement was recorded.

What did the court decide?

Application disposed of with direction to assist investigation; release on personal and surety bond of Rs. 25,000 each if arrested.

Kunal Vs State Nctof NCT of Delhi — Bail and Remand | Delhi HC (2026)

¶1

$~55

¶2

IN THEHIGH COURTOF DELHIAT NEW DELHI

¶3

- BAIL APPLN. 632/2026&CRL.M.A. 4853/2026 KUNAL .....Petitioner

¶4

Through: Mr. Omkar Sharma, Advocate. versus

¶5

STATE NCTOF NCT OF DELHI .....Respondent Through: Mr. Ashneet Singh, APP.

¶6

CORAM:

¶7

HON'BLE MR. JUSTICE MANOJ JAIN

¶8

O R D E R

¶9

% 12.02.2026 1. The applicant seeks anticipatory bail in FIR No. 638/2025 dated 23.08.2025 registered at PS Mangol Puri, under Sections 109(1)/118(1)/3(5) BNS (Corresponding Section 307/324/34 IPC).

¶10

It is a case of attempted murder and as per the bare contents of FIR, the complainant i.e. Mr. Sagar has named and indicted Arjun, Akash and Andal (brother of applicant-Kunal) as the accused persons.

¶11

According to him, the stab injuries were given by Akash and Andal.

¶12

The FIR was lodged on 23.08.2025 on the basis of the statement of injured himself.

¶13

Apparently, in his such statement, he was very specific and categoric and claimed that one of the assailants was Andal, who was younger brother of applicant-Kunal. Kunal was neither named in the FIR nor there was any allegation against him.

¶14

However, when an application seeking anticipatory bail was filed by applicant-Kunal, the same was dismissed by learned Trial Court, while observing that the FIR was by name against the applicant also and, therefore, his custodial interrogation was mandatory.

¶15

The abovesaid observation is clearly fallacious in nature as Kunal is not

¶16

BAIL APPLN. 632/2026 1

¶17

This is a digitally signed order.

¶18

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 13/02/2026 at 10:11:30

¶19

named in FIR and it is his brother Andal who has been named in the FIR. 8. Learned APP appears on advance notice and when asked to clarify the abovesaid anomaly, he submitted that a supplementary statement of complainant was recorded on 24.08.2025 wherein he claimed that, since he was perplexed and was in pain, he gave a wrong name and the assailant was Kunal not his brother Andal. However, that being so, such a vital fact should have been brought to the knowledge of learned Court of Sessions. The status report is also, conspicuously, silent on abovesaid aspect, making such supplementary statement, questionable.

¶20

The application is disposed of with direction to applicant to assist the investigation, as and when so directed, and in event of his arrest, the arresting officer would release him on bail on his furnishing personal bond and surety bond in a sum of Rs. 25,000/- each.

¶21

Needless to clarify that, in case he does not join the investigation, despite being specifically informed in advance, the relief of the abovesaid order would not be available to him.

¶22

To start with, he would join the investigation tomorrow at 2:00 p.m. and would report to the concerned SHO/IO. Learned counsel for the applicant undertakes that the applicant shall appear on the abovesaid date, time and place.

¶23

The application stands disposed of in aforesaid terms.

¶24

MANOJ JAIN, J

¶25

FEBRUARY 12, 2026/ sw/pb

¶26

BAIL APPLN. 632/2026

¶27

¶28

This is a digitally signed order.

¶29

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 13/02/2026 at 10:11:30

Kunal v. State Nctof NCT of Delhi

Case brief

What is this about?

What did the court decide?

Kunal v. State Nctof NCT of Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manish Kumar Gautam Vs State NCT of Delhi

Sandeep Vs State NCT of Delhi & Anr.

Ankeet Kumar Vs State of NCT of Delhi & Anr.

Arun Das Vs the Commissioner of Police Delhi & Ors.

Sandeep Mohite Vs State Govt. of NCT of Delhi and Anr.

Fahad Vs Bses Yamuna Power Limited