Gurdas v. State NCT Of Delhi & ANR.

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4654/2025 GURDAS .....Petitioner Through:

Mr. M.L. Yadav and Mr. Harish Chand, Advocates versus STATE NCT OF DELHI & ANR.

.....Respondent Through:

Mr. Sunil Kumar Gautam, APP .

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 07.01.2026 1.

Petitioner seeks regular bail in FIR No. 218/2025 under Sections 115(2)/118/109(2)/3(5) BNS & 27 Arms Act registered at P.S. Mansarovar Park.

2.

Briefly stated, the case of the prosecution is to the effect that on 02.05.2025, at around 11:30 PM, when Complainant-Mr. Rohit Goswami was present at his office, 15 to 20 persons, armed with weapons, came there and attacked the complainant.

3.

Complainant knew three of such assailants, including the petitioner herein. According to him, one assailant Mr. Diler Singh had shot at him but he was fortunate as bullet did not hit him.

4.

Besides the complainant, two more persons received injuries but, fact remains that such injuries were opined to be simple in nature. BAIL APPLN. 4654/2025 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

Learned counsel for petitioner says that petitioner is innocent and moreover the story of use of firearm stands falsified owing to the fact that no empty cartridge or shell was recovered from the spot. 6.

He also contends that his co-accused, who had allegedly used the firearm, has already been enlarged on bail by Coordinate Bench of this Court and in this regard, he has drawn attention of the Court to the order dated 27.11.2025 passed in BAIL APPLN. 4093/2025. The other co-accused Bittoo has also been enlarged on bail by this Court on 06.01.2026. 7.

Admittedly, the role of the petitioner herein is milder than his abovesaid two co-accused.

8.

It seems that the learned Court of Sessions did not accede to the request for grant of bail, only because of his previous involvements. Fact, however, remains that in all such previous cases, petitioner is reported to be on bail. Copies of the bail orders have also been annexed with the present bail application.

9.

Learned counsel for petitioner submits that petitioner has been in judicial custody for more than 7 months and the investigation is already over and chargesheet has already been filed and the Court is at the verge of ascertaining the charges.

10.

Learned APP for the State appears on advance notice and, in all fairness, admits that there was no recovery of any cartridge or shell from the spot. He, however, submits that, since petitioner is having previous involvements and in case he is released on bail in the present matter, there is every likelihood of his indulging in similar kind of activities, again. 11.

Fact, however, remains that the person who had, allegedly, attempted to commit murder by using firearm is on bail and the investigation is also BAIL APPLN. 4654/2025 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

complete.

12.

Keeping in mind the overall facts of the case, petitioner Gurdas is directed to be released on bail on his furnishing personal bond in a sum of Rs. 25,000/- with one surety of like amount, subject to the satisfaction of learned Trial Court/CMM/Duty Magistrate and further subject to the following conditions:

(i) Petitioner shall appear before the Court as and when the matter is taken up for hearing.

(ii) Petitioner shall provide his mobile number to the IO concerned which shall not be changed, without prior intimation to the Investigating Officer concerned.

(iii) Petitioner shall not come in contact with the complainant or any other witnesses.

13.

The application stands disposed of in aforesaid terms. 14.

A copy of this Order be immediately sent to the learned Trial Court and Jail Superintendent for information and necessary compliance. MANOJ JAIN, J JANUARY 7, 2026/dr/sy BAIL APPLN. 4654/2025 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.