$~89 to 91 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17.01.2025 + BAIL APPLN. 167/2025 & CRL.M.A. 1090/2025 + BAIL APPLN. 168/2025 & CRL.M.A. 1091/2025 + BAIL APPLN. 169/2025 & CRL.M.A. 1092/2025 VIKASH @ BHIM .....Petitioner Through: Mr. Ramesh Gupta, Senior Advocate with Mr. B. S. Jakhar, Mr. Vikram Singh Jakhar, Ms. Bhawna Jakhar, Mr. Neeraj Jakhar, Mr. Viraj Rathee, Ms. Varnika Sharma, Mr. Vishul Dabas and Mr.

Mohit Yadav Advocates versus THE STATE OF NCT OF DELHI THROUGH ITS STATION HOUSE OFFICER POLICE STATION JAFFARPUR KALAN NEW DELHI-110073 .....Respondent Through: Mr. Raj Kumar APP for the State with IO SI Himanshu Mr. Sudhanshu Tima and Mr. Ayush Tomar, Advocates for Complainant.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

SWARANA KANTA SHARMA, J (ORAL

1. The present applications have been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter ‘BNSS’) on Signature Not Verified Digitally Signed behalf of the applicant Vikash @ Bhim, seeking grant of anticipatory bail in cases arising out of following FIRs: (i) FIR No. 113/2024, under Sections 324(6)/3(5) of Bharatiya Nyay Sanhita, 2023 (hereafter ‘BNS’), (ii) FIR No. 149/2024, under Sections 331(5)/61(2)/351(3)/111/3(5) of BNS, and (iii) FIR No. 150/2024, under Sections 25/54/59 of Arms Act, all registered at Police Station Jaffarpur Kalan, New Delhi.

2. Briefly stated, the facts of the case are that FIR No. 113/2024 was registered on the complaint of one Rajesh Kumar, who stated that on 10.10.2024, he was present at his house along with one of his friends and other family members. At about 10 PM, while they were having dinner, they had heard multiple gunshots near their house, after which they had rushed inside a room. After a while, when they had gone outside, they had seen multiple bullet cartridges in front of their house and bullet marks on the main gate, windows, and walls. Two persons had come on a motorcycle and had fired multiple gunshots to intimidate them. During the course of investigation, several empty cartridges found at the scene of the crime were seized. Additionally, it was revealed that a separate case, FIR No. 149/2024, had been registered at P.S. Jaffarpur Kalan.

3. The FIR No. 149/2024 had been registered following a PCR call received vide DD No. 48A, dated 17.11.2024, regarding house trespassing. SI Meena, along with police staff, had reached the spot near Government Senior Secondary School, Village Kair Main Road, Delhi, where vehicles had been parked, and about 8-10 people had Signature Not Verified Digitally Signed gathered on the disputed plot with the intent to take its forceful possession. On seeing the police staff, all of them had fled from the spot. Meanwhile, SI Meena had met the complainant, Manish, who was too frightened to give a statement despite repeated requests and had informed that he would discuss the matter with his family and provide a statement later. Subsequently, on the next day i.e. 18.11.2024, the complainant had visited the police station and informed that his brothers Naresh and Parminder Singh had jointly bought a plot bearing khasra no. 301/4/1 and 4/2, measuring 1600 sq. yards, and that he had constructed a boundary wall on the plot in 2010. Since then, the said portion of the plot had been in their possession. He further stated that he had come to know that Parminder had prepared papers for the plot in favor of one Vikas (present applicant) in 2014, and these papers had been shown as prepared on old stamp papers. On 17.11.2024, he had received information at about 4:15 PM that Vikas and Parminder had sent their goons to take forceful possession of the plot. Upon rushing to the plot, he had found the lock of the main gate broken and some persons armed with lathis and dandas present on the plot. He had then made a PCR call regarding the same. After some time, when the police personnel had arrived, all the goons had managed to flee and had also threatened him with