Himanshu Nayak v. The State NCT of Delhi

1. The accused/applicant seeks regular bail in case FIR No. 561/2024 of PS Anand Parbat for offence under Section 109(1)/3(5) BNS.

2. Broadly speaking, the allegation against the accused/applicant is that he along with co-accused Himanshu @ Rawan helped the main accused Deepak in causing dagger injury to the complainant de facto. As per prosecution case, the accused/applicant and the other co-accused caught hold of the victim, after which the main accused Deepak inflicted dagger injury on the back of the victim. Fortunately, the victim survived.

3. Learned counsel for accused/applicant submits that the BAIL APPLICATION 4919/2025 pages accused/applicant is a young man of 20 years of age and is in jail since 10.09.2025 and no purpose would be served by keeping him in jail any further. It is also argued that co-accused Himanshu @ Rawan, who has been ascribed role similar to the present accused/applicant has already been released on bail.

4. On the other hand, learned APP submits that co-accused Himanshu @ Rawan was arrested on the same day, while the present accused/applicant absconded and was ultimately arrested after nine months.

5. Admittedly, the role ascribed to the present accused/applicant is same as that ascribed to co-accused Himanshu @ Rawan. There is no cogent reason to deprive the accused/applicant parity with Himanshu @ Rawan.

6. Therefore, the bail application is allowed and the accused/applicant is directed to 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 Trial Court. Accompanying applications also stand disposed of.

7. A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.

GIRISH KATHPALIA (JUDGE) JANUARY 20, 2026