[Cites 1, Cited by 0]
Delhi High Court
Jakir Hussain vs State Of Nct Of Delhi on 21 January, 2026
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 21.01.2026
+ BAIL APPLN. 219/2026, CRL.M.A. 1780/2026, 1781/2026 &
1779/2026
JAKIR HUSSAIN .....Petitioner
Through: Mr. Dhananjai Jain and Mr. Bhoop
Singh, Advocates
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Ajay vikram Singh, APP for State
with IO/SI Daya Ram, PS Narela
Mr. Sarthak Tomar, Advocate for R2
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks anticipatory bail in case FIR No.
734/2025 of PS Narela for offence under Section 109(1)/3(5) of BNS and 27
Arms Act.
2. Broadly speaking, allegation against the accused/applicant is that he
was accompanying the main assailant Sahil, who inflicted a gunshot injury
on the right thigh of the injured Arbaz. According to the FIR, on account of
a quarrel between two groups, there was a scuffle between Sahil, who
brandished a pistol and Arbaz, in the course whereof, Sahil pulled the trigger
and the pistol shot fired point blank at the right knee of Arbaz.
BAIL APPLICATION 219/2026 Page 1 of 3 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec455
69af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
996b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.01.21 18:10:43 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:21.01.2026
18:09:13
3. It is submitted by learned counsel for accused/applicant that
accused/applicant is innocent and has been falsely implicated in this case as
a matter of counterblast to an earlier FIR No. 732/2025 registered against
Arbaz and others on the complaint of accused/applicant.
4. Learned APP accepts notice and with the assistance of the IO/SI Daya
Ram and learned counsel for complainant de facto strongly opposes the
anticipatory bail application, though admits that two more accused persons
of this case have already been granted interim protection from arrest by a co-
ordinate bench.
5. Having examined the FIR, I also examined the investigation file.
Initially, Arbaz was taken to Satyawadi Raja Harish Chandra Hospital at
about 10:00pm and on examination, the concerned doctor reported the injury
found on Arbaz as: "right thigh 2 entry wound 0.5x0.5 cm. No exit wound
present". The examining doctor referred Arbaz to LNJP Hospital. Before
LNJP hospital, the IO moved an application for opinion of a surgical expert.
In his report dated 07.11.2025, the LNJP doctor gave findings including no
tattooing or blackening around the wound.
6. As rightly submitted by learned counsel for accused/applicant, going
by the version of the alleged firing from point blank range, it is not possible
that the entry would not be reflecting tattooing or blackening. Further, the
question is that if the bullet entered the thigh of Arbaz, where did it go. No
bullet from body of Arbaz or even any empty shell from the spot was
recovered.
BAIL APPLICATION 219/2026 Page 2 of 3 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec455
69af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570
996b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.01.21 18:10:32 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:21.01.2026
18:09:13
7. Considering the above circumstances, I find no reason to deprive the
accused/applicant liberty.
8. The application is allowed and it is directed that in the event of his
arrest, the accused/applicant shall be released on bail, subject to his
furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the
like amount to the satisfaction of the IO/SHO concerned. Accompanying
applications also stand disposed of.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4af
ec45569af3962c6fb4835d435f97626cacc
a, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d
15570996b40f80cbd2eee60402c487965f
f801e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.21 18:10:18 -08'00'
GIRISH KATHPALIA
(JUDGE)
JANUARY 21, 2026/as
BAIL APPLICATION 219/2026 Page 3 of 3 pages
