Mohd Affan v. The State Govt of NCT of Delhi

Delhi High Court · 29 Jan 2026 · 2026:DHC:712
Girish Kathpalia
BAIL APPLN. 5053/2025
2026:DHC:712
criminal appeal_allowed

AI Summary

The Delhi High Court granted anticipatory bail to the accused in a mobile phone snatching case after he joined the investigation despite initial apprehension of arrest.

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BAIL APPLN. 5053/2025
HIGH COURT OF DELHI
Date of Decision: 29.01.2026
BAIL APPLN. 5053/2025 & CRL.M.A. 38872/2026
MOHD AFFAN .....Petitioner
Through: Mr. Mohd Azhar, Advocate (through videoconferencing)
VERSUS
THE STATE GOVT OF NCT OF DELHI .....Respondent
Through: Mr. Sanjeev Sabharwal, APP for the State
WITH
IO/HC Ravi and SI Sunit, PS Jagat Puri
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. The accused/applicant seeks anticipatory bail in case e-FIR NO. 80100737/2025 of PS Jagat Puri for offence under Section 303(2) BNS.

2. Broadly speaking, the FIR was registered on e-FIR portal, whereby the complainant de facto alleged that on 23.10.2025, his mobile phone was snatched by two persons who came on a two-wheeler scooter and fled. Further, according to prosecution, the present accused/applicant and coaccused Mohd. Saim were arrested in another case and mobile phone of the complainant de facto was recovered from their possession. BAIL APPLN. 5053/2025 pages

3. On last date, prosecution opposed the anticipatory bail on the ground that the accused/applicant did not join investigation despite service of notice. That was explained by learned counsel for accused/applicant on the ground that the accused/applicant apprehended arrest. Therefore, on last date, matter was adjourned, directing that the accused/applicant be not arrested till this day subject to his joining investigation. Today, it is submitted by IO/HC Ravi that subsequent to last date of hearing, the accused/applicant had joined investigation.

4. Considering the overall circumstances, the present application is allowed and it is directed that in the event of his arrest, the accused/applicant shall be released on bail subject to his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the IO/SHO concerned. Accompanying application also stands disposed of.

GIRISH KATHPALIA (JUDGE) JANUARY 29, 2026 ‘rs’