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High Court of DelhiBAIL APPLN./2189/2026

Usaib@Usaid Malik v. State NCT Of Delhi

2026-06-08Hon'Ble Ms. Justice Neena Bansal Krishna4 pages

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2189/2026, CRL.M.A. 17920/2026 USAIB@USAID MALIK .....Petitioner Through:

Mr. Amit Chadha, Sr. Adv with Mr. Jaspreet Singh Rai, Ms. Neha Kumari, Mr. Rahul Vats, Mr. Rohit Singh, Mr. Harjas Singh, Mr. Dhruv Tomar, Mr.

Sujit Kumar, Mr.

Prashant, Ms Supriya, Advocates.

versus STATE NCT OF DELHI .....Respondent Through:

Mr. Hemant Mehla, APP for the State.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 08.06.2026 BAIL APPLN. 2189/2026 (for Anticipatory Bail) 1.

Second Anticipatory Bail Application under Section 482 B.N.S.S., 2023 has been filed on behalf of the Petitioner, Usaib@ Usaid Malik for grant of Anticipatory Bail in FIR No. 56/2026 dated 02.05.2026 under Section 25 Arms Act & Section 3(5) BNS registered at Police Station Tilak Marg, New Delhi.

2.

The case of the Prosecution is that on 01.05.2026, at about 03:00 AM, one car bearing No. UP 16DB 7001 made Tata Model Harrier black colour, coming from the ITO side was stopped for checking. The driver and three persons were found sitting in the car, who failed to give any satisfactory reply. Upon search of the vehicle, 30 live cartridges were The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

recovered from the armrest box between the front seats, kept in a transparent polythene. A suspicious number plate bearing registration No. DL 2CAQ 1922 was also recovered. Those persons were unable to produce any valid license or documents for possession of the cartridges. Accordingly, the FIR was registered.

3.

On interrogation, Mohd. Kaif Malik, the driver of the car, disclosed that he along with his friend/Usaib went to a marriage function in the Car bearing No. UP 16DB 7001, which belongs to Usaib. While returning from the function, he had taken the card and live rounds on his friend/coaccused, Usaib. 4.

During the investigation, raids were conducted to apprehend the Applicant but he was not found. Notice under Section 35(3) B.N.S.S. was served at the residence but he failed to join the investigation. Ownership of the vehicle was found to be in the name of Tushar. Notice under Section 133 MV Act has been served upon him but he has failed to join the investigations.

5.

Status Report has been filed on behalf of the State wherein the Disclosure Statements of the co-accused have been recorded. It is further submitted that on 22.05.2026, Mohd. Kaif Malik and the Applicant had joined the investigations and their joint interrogation was conducted. During the course of interrogation, Applicant admitted about the possession and use of the vehicle, which remained with him for last one month. He had no knowledge about the recovery of 30 live cartridges. Submissions heard and the record perused.

6.

Essentially, the allegations are that the co-accused persons were found in the car and 30 live cartridges have been recovered. Admittedly, the Applicant was not sitting in the car at that time. Essentially, evidence so The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

far collected against the Applicant, is essentially the Disclosure Statement of the co-accused. Applicant well granted interim protection by the learned ASJ and had already joined investigations on three occasions. Mohd. Kaif Malik has already been granted Regular Bail.

7.

Considering the nature of allegations and the totality of circumstances, it is directed that in the event of his arrest, the Petitioner shall be admitted to Anticipatory Bail by the Investigating Officer/Arresting Officer, subject to the following conditions:- (i) The Petitioner shall furnish a personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the Investigating Officer/Arresting Officer.

(ii) The Petitioner shall join the investigations, as and when called by the Investigating Officer and shall co-operate during the investigations.

(iii) The Petitioner shall furnish his cellphone number to the Investigating Officer on which he may be contacted at any time and shall ensure that the number is kept active and switched-on at all times.

(iv) The petitioner shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or other persons acquainted with the facts of case. (v) The petitioner shall not tamper with evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

The Bail Application sands disposed of in the above terms. Pending Application also stands disposed of.

NEENA BANSAL KRISHNA, J JUNE 8, 2026/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.