High CourtsSingle Bench

Himanshu Nayak vs State Nct Of Delhi

Delhi High Court · Decided on 20 January 2026 · Citation: (2026) 01 DEL CK 1422

HON’BLE JUDGES
Girish Kathpalia, J
ACTS & SECTIONS REFERRED
Bharatiya Nyaya Sanhita, 2023 — Section 3(5), 109(1)
RESULT
Allowed
CASE NUMBER
Bail Application No. 4919 Of 2025, Criminal Miscellaneous Petition No. 37976, 2514 Of 2025
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Judgment

8 paragraphs · 282 words

Girish Kathpalia, J

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 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.