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Mohammad Shahrukh vs. The State Govt. of N.C.T. of Delhi

Bail Application · CNR No. DLHC010454482026Decided 23 Sept 2026New Delhi Bench
BAIL APPLN. 4002/2026CNR: DLHC010454482026
Justice Mini Pushkarna

Background

The applicant sought anticipatory bail in FIR No. 226/2025 (PS Hazrat Nizamuddin), arising from an incident where the main accused, along with his sons and others, allegedly barged into a shop in Basti Hazrat Nizamuddin, assaulted the complainant, and fired several rounds from a pistol, injuring the complainant's brother. The applicant was not named in the original FIR or initial chargesheet, but was later identified through belatedly produced CCTV footage during further investigation, after which he could not be traced despite police visits to his Delhi residence and his family's home in Bulandshahr, Uttar Pradesh, leading to a non-bailable warrant and "proclaimed offender" proceedings against him.

Decision Breakdown

The complainant's senior counsel showed the Court photographs and video footage in which the applicant was clearly seen holding and throwing a heavy flower pot at the shop during the attack, contradicting the claim that he was a mere bystander. The Court also noted the applicant is a close family member of the main accused who fired the gunshots. Relying on Supreme Court precedent that anticipatory bail is an extraordinary remedy and is not available to a person who has been declared absconding or evades investigation, the Court refused anticipatory bail, holding that custodial interrogation was needed given the gravity of the offence and the applicant's active, documented role.

Lesson Learnt

Evading the police and being declared an absconder generally forecloses anticipatory bail; and video/photographic evidence showing active participation in a violent incident can decisively defeat a claim of being a mere onlooker.

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