[Cites 2, Cited by 0]
Delhi High Court
Brijesh Kumar vs State (Gnct Of Delhi) And Anr on 16 February, 2026
$~46 & 47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 16th February, 2026
+ BAIL APPLN. 1781/2025
BRIJESH KUMAR
.....Petitioner
Through: Mr. Lokesh Kumar Mishra, Mr.
Abhishek Kaushik, Mr. Devansh
Seghal, Mr. Haider Khan and Ms.
Shreya Thakur, Advocates.
versus
STATE (GNCT OF DELHI) AND ANR
.....Respondent
Through: Ms. Priyanka Dalal, APP for the State
with ACP Kishor Kumar and SI
Beena.
Mr. Manas Rao, Mr. Aman Preet
Singh and Mr. Kanwal Nain Singh,
Advocates.
+ CRL.M.C. 5340/2025 & CRL.M.A. 23014/2025
XXXXXXX
.....Petitioner
Through: Mr. Manas Rao, Mr. Aman Preet
Singh and Mr. Kanwal Nain Singh,
Advocates.
versus
STATE NCT OF DELHI AND ANR
.....Respondent
Through: Ms. Priyanka Dalal, APP for the State
Ms. Priyanka Dalal, APP for the State
with ACP Kishor Kumar and SI
Beena.
Signature Not Verified
Signed By:SONIA BAIL APPLN. 1781/2025 & CRL.M.C. 5340/2025 1
THAPLIYAL
Signing Date:16.02.2026
19:26:10
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. These are two connected petitions.
2. BAIL APPLN. 1781/2025 has been filed by applicant-Brijesh Kumar
whereby he seeks anticipatory bail in FIR No.529/2024 dated 24.11.2024
under Section 376 IPC and Section 3(2)(v) of Scheduled Caste and Scheduled
Tribe (Prevention of Atrocities) Act, 1989, (SC/ST Act), registered at P.S.
Dwarka North, Delhi.
3. When the abovesaid application was taken up by the Coordinate Bench
of this Court on 08.05.2025, there was direction to applicant-Brijesh Kumar
to join the investigation and it was also ordered that no coercive action be
taken against him till next date of hearing.
4. Such order continues to be in operation.
5. Feeling aggrieved by the abovesaid order dated 08.05.2025, the
concerned complainant has filed a separate petition i.e. CRL.M.C. 5340/2025,
thereby seeking cancellation of the abovesaid interim anticipatory bail
granted to the applicant.
6. Much water has flown down the river as, admittedly, charge-sheet and
supplementary charge-sheet have already been filed.
7. Learned counsel for the complainant submits that since
applicant-Brijesh Kumar had prayed for anticipatory bail before this Court
claiming that no offence under Section 3(2)(v) of SC/ST Act was made out
and also contended that when the anticipatory bail was pending before the
Court of Session, the protection was given to him and shown his inclination to
Signed By:SONIA BAIL APPLN. 1781/2025 & CRL.M.C. 5340/2025 2
join investigation as and when so directed, the interim relief was given to him.
He contends that though interim relief had been given, there was no specific
observation, either way, with respect to the alleged commission of offences.
8. Learned APP for the State also submits that charge-sheet has already
been filed and cognizance has already been taken and the next date of hearing
before the learned Trial Court is 21.02.2026, when it would hear arguments
on charges.
9. Learned counsel for the complainant submits that after the abovesaid
interim relief was granted, the applicant/accused-Brijesh Kumar assaulted
and intimidated complainant, which incident has resulted in registration of
another FIR i.e. FIR No. 257/2025 at P.S. Dwarka South. He submits that in
the abovesaid subsequently registered FIR, the police has yet not filed any
charge-sheet and the applicant-Brijesh Kumar has already filed a quashing
petition which is pending adjudication before Coordinate Bench of this Court.
10. Since the abovesaid quashing petition is, reportedly, pending, it will
not be appropriate for this Court to make any comment or observation with
respect to the incident which resulted in registration of abovesaid FIR i.e. No.
257/2025.
11. During course of the arguments, learned counsel for the complainant
submitted that he would be left with no grievance if this Court clarifies that
the question of commission of offences shall be looked into by the learned
Trial Court at the time of consideration of charges, without getting influenced
by the order whereby the applicant- Brijesh Kumar had been granted interim
relief. Learned counsel for the complainant, thus, submits that he would not
press for any other relief, if the said aspect is clarified.
12. Mr. Lokesh Kumar Mishra, learned counsel for the applicant-Brijesh
Signed By:SONIA BAIL APPLN. 1781/2025 & CRL.M.C. 5340/2025 3
Kumar submits that he would have no objection to the above.
13. Keeping in mind the overall facts and above contentions and also
appreciating the fact that, even otherwise, there is no observation, either way,
regarding commission or non-commission of offences, both the abovesaid
petitions stand disposed of in the following terms:-
i. CRL.M.C. 5340/2025 is disposed of as not pressed. However all
rights and contentions of the complainant and accused are left open.
ii. Interim order dated 08.05.2025 is made absolute and
applicant-Brijesh Kumar would submit personal bond and surety
bond in a sum of Rs.25,000/- each before the learned Trial Court on
the date already fixed i.e. 21.02.2026.
iii. Learned Trial Court would hear arguments on charge, without
being influenced by the relief granted to applicant-Brijesh Kumar
and it will be entirely upto to the learned Trial Court to consider as
to what charges are made out. Let the charges be ascertained, after
giving due opportunity of hearing to prosecution, defence and
complainant.
14. Both the petitions stand disposed of in aforesaid terms.
15. A copy of this order be sent to learned Trial Court for information.
(MANOJ JAIN)
JUDGE
FEBRUARY 16, 2026/ss/sa
Signed By:SONIA BAIL APPLN. 1781/2025 & CRL.M.C. 5340/2025 4
