Full Text
HIGH COURT OF DELHI
Date of Decision: 09.01.2026
YASH .....Petitioner
Through: Mr. Rohit Gupta, Advocate
Through: Mr. Utkarsh, APP for State
Mr. Raghav Mehdiratta, Advocate for complainant de facto
SHIVAM .....Petitioner
Through: Mr. Rohit Gupta, Advocate
Through: Mr. Utkarsh, APP for State
Mr. Raghav Mehdiratta, Advocate for complainant de facto
JUDGMENT
1. The accused/applicants seek anticipatory bail in case FIR No. (ORAL) 509/2025 of PS Subzi Mandi for offence under Section 110/351(2)/3(5) of BNS.
2. At the outset, learned APP on instructions of IO/SI Vibhu Sharma, submits that subsequent to further investigation in the case, the police does not want to arrest the accused/applicants.
3. However, learned counsel for complainant de facto submits that mother and wife of the accused Shivam have been harassing the family of the complainant de facto regarding which he filed a complaint as well. Be that as it may, the prosecution is not with the complainant de facto on this aspect.
4. Broadly speaking, the accused/applicants are cousins of the complainant de facto and their fathers are embroiled in property dispute. The incident in question seems to have occurred in the heat of moment, whereby two groups, one consisting of the complainant de facto and his companions, while the other consisting of the accused/applicants clashed with each other leading to registration of cross FIRs. The present complainant de facto also is an accused in the cross FIR. The allegation against accused Yash is that he assaulted the victim with fists and kicks, while the allegation against accused Shivam is that he hit a stone on the head of the victim. MLC of the victim Nitin reflects laceration over forehead approximately 2x[1] cm and bruise over right side of the neck. The accused/applicants were protected from arrest by order dated 01.12.2025 of the predecessor bench.
5. Considering the overall circumstances described above, there is no occasion to deprive the accused/applicants liberty. Therefore, both anticipatory bail applications are allowed and it is directed that in the event of their arrest, the accused/applicants shall be released on bail, subject to each of them furnishing personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the IO/SHO. Accompanying applications also stand disposed of.
GIRISH KATHPALIA (JUDGE) JANUARY 9, 2026