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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEERAJ KUMAR – Appellant
Versus
STATE NCT OF DELHI – Respondent
$~P-2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 02.02.2026 Pronounced on: 11.02.2026 Uploaded on: 11.02.2026 + BAIL APPLN. 190/2026 & CRL.M.A. 1559/2026 NEERAJ KUMAR .....Petitioner Through: Dr. Alok, Ms. Smriti Walia, Mr.
Dhananjay Mittal, Mr. Shivam, Ms. Aanchal Budhiraja, Mr. Mayank Deswal, Mr. Arjan Verma, Advocates versus STATE NCT OF DELHI .....Respondent Through: Mr. Hitesh Vali, APP with Insp Sanjeev Kumar, PS: Punjabi Bagh. Mr. Dayan Krishnan, Sr. Advocate [Amicus Curiae] with Mr. Shreedhar, Mr. Sukrit Seth, Ms. Radhika Yadav and Ms. Ananya Sharma, Advocates.
CORAM:
HON’BLE MR. JUSTICE PRATEEK JALAN
J UDGMENT
1. By way of this petition, under Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [“BNSS”], (corresponding to Section 439 of the Criminal Procedure Code 1973 [“CrPC”]), the petitioner seeks interim bail in connection with FIR No. 652/2025, registered at Police Station Punjabi Bagh, under Section 103(1) the Bharatiya Nyaya Sanhita, 2023 [“BNS”], and Sections 25/27 of the Arms Act, 1959 [“Arms Act]”.
A. FACTUAL BACKGROUND
2. The FIR relates to allegations against the applicant in respect of the murder of one Muskan, who was shot inside her residence o
The right to default bail under Section 167(2) of the CrPC is a fundamental right linked to personal liberty under Article 21 of the Constitution, but it is contingent upon the bail application being....
No accused can be permitted to frustrate judicial process by his conduct.
Prolonged pre-trial incarceration may justify bail under NDPS Act when there is no substantial evidence against the accused and the right to personal liberty under Article 21 is violated.
Grant of bail on the ground of undue delay in trial is not fettered by Section 37 of NDPS Act.
The main legal point established is that the accused has an indefeasible right to default bail under Section 167(2) Cr.P.C., and the court must take prompt action to enforce this right, restricting t....
The accused's right to default bail under Section 167(2) Cr.P.C. remains enforceable, and the court must promptly decide on bail applications to prevent the prosecution from circumventing this right.
The court ruled that for offences punishable up to ten years, police custody is limited to 15 days within the first 40 days of investigation, emphasizing the importance of timely investigations to pr....
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