$~

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 22.11.2025 Date of Decision: 06.12.2025 + CRL.M.C. 4124/2025, CRL.M.A. 18246/2025 & CRL.M.A.

31115/2025 STATE (GOVERNMENT OF NCT, DELHI) .....Petitioner Through: Mr. Sanjeev Bhandari, ASC for State with Mr. Arjit Sharma and Ms. Sakshi Jha, Advs.

versus VIKAS TOMAR .....Respondent Through: Mr. Sunil Kumar Mittal, Mr. Anshul Mittal, Mr. Arun Kumar, Mr. Madhur Tyagi, Mr. Sarthak Tagra and Ms. Ayushi Agarwal, Advs.

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

J U D G M E N T

%

1. The instant petition has been filed under Section 483(3) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 20231 has been filed on behalf of the petitioner/State (GNCTD)/prosecution seeking setting aside of the order dated 31.05.2025, Hereinafter “impugned order” passed by the learned ASJ, Tis Hazari Courts, Delhi in case arising out of FIR No. 167/2025, registered at Police Station – Paschim Vihar (East) for the offences punishable under Sections 103(1)/61(2)/318(3)/49/249/3(5) of the Bharatiya Nyaya Sanhita, 2023, Hereinafter “BNS” and Sections 25/27 of the Arms Act, 1959, Hereinafter “Arms Act”, whereby, the respondent was granted anticipatory bail.

1 Hereinafter “BNSS”

Factual Matrix

2. On 11.04.2025, a PCR call vide DD No. 20A was received at Police Station Paschim Vihar (East), informing that an unknown person had been shot by unidentified assailants and was lying inside a vehicle near State Bank Nagar, Outer Ring Road, towards Vikaspuri, Delhi. Upon receiving this information, ASI Rajesh reached the location and found a Toyota Fortuner bearing registration No. DL5CP4500 in a crashed condition against the central verge of the road, with firearm marks visible on its body. The injured occupant had already been moved to Sehgal Neo Hospital, where he was declared brought dead. The deceased was identified as Raj Kumar. On the basis of a written complaint submitted at the police station on the same date, FIR No. 167/2025 was registered initially under Section 103(1) of the BNS and Sections 25/27 of the Arms Act.

3. During the early stage of investigation, CCTV footage from the area was collected and analyzed. From this footage, four individuals, namely Suraj, Taran @ Taranjeet, Shubham Sharma and Shokeen were identified as the alleged shooters involved in the incident. On the following day, i.e., 12.04.2025, a message posted on a Facebook account named “Nandu” went viral on social media. In this message, the author of the account/post claimed responsibility for orchestrating the murder and attributed it to an ongoing rivalry between two criminal groups known as the “Manjeet Mahal” gang and the “Kapil Sangwan @ Nandu” gang. This social-media communication became part of the investigation record.

4. Subsequently, it was revealed during investigation that after the incident, the four shooters travelled from Delhi to Lucknow via Nainital on 12.04.2025, where they were allegedly sheltered and provided financial support by two accused persons, namely Rahul Bajpai and Akash Mishra.

5. On 22.04.2025, Shubham Sharma and Shokeen were detained by the authorities at Lucknow Airport due to an active Look-out Circular and were thereafter formally arrested by Delhi Police on 30.04.2025. The remaining two accused shooters, Suraj and Taran @ Taranjeet, were apprehended on 02.05.2025 from Gujarat, where they were allegedly preparing to travel abroad using forged passports arranged with the assistance of their gang leaders, who were believed to be operating from foreign locations.

6. During the interrogation of accused Sandeep @ Monu, who was arrested on 03.05.2025, it was disclosed that on 09.04.2025, i.e., three days before the fatal incident, he had delivered a sum of Rs. 4 lakhs to the shooters at Royal Dhaba, Murthal, Haryana, for their logistical needs and for the execution of the planned offence. He further stated that this amount was provided to him by Vikas Tomar, the present respondent.

7. As investigation pro