HIMANSHU GUPTA vs THE STATE OF NCT OF DELHI

Judgment text excerpt

$~85 & 86 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 25.02.2026 + BAIL APPLN. 765/2026 HIMANSHU GUPTA .....Petitioner Through: Mr. Ajay Paul, Ms. Geetu Paul, Mr. Dayanand Sharma and Mr. Kamlesh Chandra Tripathi, Advocates versus THE STATE OF NCT OF DELHI .....Respondent Through: Mr. Naresh Kumar Chahar, APP for the State Ms. Neha Singh, Ms. Aastha Chaturvedi and Rahul Vats, Advocates for victim. Mr. Satender Dabas, Executive Engineer, Delhi Jal Board. (86) + BAIL APPLN. 766/2026 KAVISH GUPTA .....Petitioner Through: Mr. Ajay Paul, Ms. Geetu Paul, Mr. Dayanand Sharma and Mr. Kamlesh Chandra Tripathi, Advocates. versus THE STATE OF NCT OF DELHI .....Respondent Through: Mr. Naresh Kumar Chahar, APP for the State Signature Not Verified BAIL APPLN. 765/2026 & connected matter Page 1 of 23 Digitally Signed By:ZEENAT PRAVEEN Signing Date:25.02.2026 17:09:50 Ms. Neha Singh, Ms. Aastha Chaturvedi and Rahul Vats, Advocates for victim. Mr. Satender Dabas, Executive Engineer, Delhi Jal Board. CORAM: HON’BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J. (Oral) 1. By way of these applications, the applicants seek grant of anticipatory bail in case arising out of FIR bearing no. 35/2026, registered at Police Station Janakpuri, Delhi for the commission of offence punishable under Sections 105/238(b)/9(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 [hereafter „BNS‟]. Factual Background 2. Briefly stated, the facts of the present case are that the FIR in question was registered on receipt of a PCR call on 06.02.2026, informing that a motorcycle rider had fallen into a deep pit and was in need of immediate assistance. Upon receipt of the said information, police officials reached the spot, i.e. B-3B, near Andhra School, Janakpuri, New Delhi, where