Sh. Ashwani Karwar v. The State (NCT Of Delhi

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3219/2025 SH. ASHWANI KARWAR .....Petitioner Through:

Mr. Rahul Kumar and Ms.Pooja Chauhan, Advocates versus THE STATE (NCT OF DELHI .....Respondent Through:

Ms. Priyanka Dalal, APP for State

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 26.08.2025 1.

Petition herein under Section 482 read with Section 528 of the BNSS is to seek anticipatory bail.

2.

At the outset, as per the case set up, it may be noted that there is no FIR of any kind registered against the petitioner. 3.

On a query put to the learned counsel for the petitioner as to what is the reasonable apprehension on the part of the petitioner to seek indulgence of this Court for grant of anticipatory bail as no FIR has been registered, she would submit that, no doubt, there is no FIR, but the fact that the police officials have been harassing the petitioner and also visited his residence without there being any FIR raises doubts in the mind of the petitioner that an untoward action can be taken against him despite there being no FIR. 4.

Learned APP, who appears on advance copy of the petition, submits under instruction of the police official of the concerned police station that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/08/2025 at 12:26:49

indeed no FIR has been registered and thus the petition be dismissed. She would submit that in case any FIR is registered the law will take its own course.

5.

In the premise, petition is disposed of in light of the guidelines laid down by the Supreme Court in Arnesh Kumar V. State of Bihar [2014] 8 SCC 273. It is made clear that the guidelines shall be followed strictly and a prior notice under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall be given to the petitioner in case any FIR is registered so as to enable him to seek his legal remedy in accordance with law. ARUN MONGA, J AUGUST 26, 2025/SV The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/08/2025 at 12:26:49