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Anticipatory bail Not Granted: Gravity of the injuries & Lack of cooperation

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In Abhishek vs. The State NCT of Delhi, the Delhi High Court dismissed an application for anticipatory bail filed by an accused charged with assault under the Bharatiya Nyaya Sanhita (BNS). Justice Girish Kathpalia ruled that the gravity of the injuries—which included a lacerated skull wound with bone visibility—and the applicant’s lack of cooperation in recovering the weapon made him ineligible for relief. The Court also rejected the applicant’s defense as a fabricated version, noting he had filed a counter-complaint only after the incident and had no medical evidence of his own alleged injuries,,.

1. Nature of the Case and Allegations

The applicant sought anticipatory bail in connection with FIR No. 136/2026 (PS Nangloi) for offences under Section 110/3(5) of the BNS. The prosecution alleged that on April 2, 2026, the applicant and his associates, motivated by previous enmity, assaulted the complainant with fists, kicks, and a danda (wooden stick). The applicant was specifically named as the assailant who delivered blows to the victim’s head and neck, causing him to fall and lose consciousness,.

2. Medical Evidence of Injuries

The Court highlighted the severity of the assault based on the Medico-Legal Case (MLC) report from Sanjay Gandhi Memorial Hospital. The report documented multiple injuries, most notably a lacerated wound over the mid-parietal region with bone visibility. The victim reportedly lost consciousness due to the force of the blows.

3. Defense Arguments

Counsel for the applicant argued for bail on the following grounds:

  • The applicant was not involved in the incident and was, in fact, the victim of an attack by motorcycle-borne individuals.
  • No vital parts of the complainant’s body were hit, and the weapon used was “only a wooden stick”.
  • The applicant had lodged his own police complaint regarding the alleged attack on him.

4. Court’s Analysis and Findings

The Court found several reasons to doubt the applicant’s claims and deny bail:

  • Contradiction of Defense: The claim that no vital parts were hit was flatly contradicted by the MLC showing an exposed skull bone.
  • Fabricated Version: The Court noted that the applicant’s police complaint was lodged on April 3, 2026—the day after the incident—suggesting it was an afterthought to save himself. Furthermore, the applicant admitted he sought no medical treatment for his alleged injuries.
  • Non-Cooperation: The Investigating Officer (IO) informed the Court that the applicant had not been cooperating in the investigation, specifically regarding the recovery of the danda used in the assault,.

5. Final Conclusion

The Court emphasized that granting anticipatory bail in a case of such a violent nature would “convey wrong signals across the society,” particularly to youth, by suggesting that one could assault others with impunity. Finding it was not a fit case for the exercise of its discretion, the Court dismissed the anticipatory bail application.

2026 DHC 5413

Abhishek vs. The State NCT of Delhi(D.O.J. 07.07.2026)

2026 DHC 5413 click here to view full text of judgment

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NDPS Bail Granted: No legally admissible evidence other than a disclosure statement

July 10, 2026 No Comments

In Dawit HayelomBerhe vs. Narcotics Control Bureau, the Delhi High Court granted regular bail to an Ethiopian national accused of drug trafficking under the NDPS Act. Justice Girish Kathpalia observed that there was currently no legally admissible evidence against the applicant other than a disclosure statement and the recovery of USD 3,500/-. Relying on the principle of parity, the Court noted that two co-accused with similar roles had already been released on bail. Although bail was granted, the Court directed that due to the applicant’s expired visa, he must be handed over to the Foreign Regional Registration Office (FRRO) immediately upon the acceptance of his bail bond.

  • Case Background and Allegations: The applicant sought regular bail regarding Crime No. VIII/74/DZU/2022 involving offences under Sections 8, 21, 23, and 29 of the NDPS Act. The Narcotics Control Bureau (NCB) alleged that 4.98 kg of cocaine was seized from a co-accused, Dipali, who claimed in her confessional statement that she received the contraband from the applicant and another individual at a hotel in Mumbai.
  • Investigative Disclosures: Following their summons, the applicant and another accused allegedly disclosed that they were sent to India from Ethiopia with trolley bags containing cocaine. This information led to a further search and the recovery of 2.055 kg of cocaine from another co-accused, Kelemuwa, at a different hotel.
  • Arguments for the Applicant:
    • Counsel argued that the case against the applicant rested solely on an inadmissible disclosure statement and the recovery of USD 3,500/-, with no further evidence to justify detention.
    • The applicant sought parity, pointing out that two other co-accused with identical alleged roles had already been granted bail.
  • Position of the NCB: The Senior Standing Counsel for the NCB admitted that similar co-accused had been granted bail but argued that granting bail in such instances could hamper efforts to curb the drug menace in the country.
  • Court’s Findings: The Court determined that since there was no legally admissible evidence currently presented and parity was established, the applicant was entitled to relief. The judge explicitly noted the lack of substantial evidence beyond the disclosure statement.
  • Final Order and Conditions: The bail application was allowed, subject to the following:
    • A personal bond of Rs. 50,000/- with one surety of the same amount.
    • Because the applicant’s visa has expired, the Court directed the Jail Superintendent to hand him over to the FRRO once the bail bond is accepted.
    • A copy of the order was directed to be sent to the Jail Superintendent for communication to the accused.

2026 DHC 5460

Dawit HayelomBerhe vs. Narcotics Control Bureau (D.O.J. 08.07.2026)

2026 DHC 5460 click here to view full text of judgment

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Provident Fund: Time granted to deposit for revival of appeal

July 10, 2026 No Comments

In Mahagun India Pvt Limited vs. Regional Provident Fund Commissioner, the Delhi High Court granted a petitioner the opportunity to revive its statutory appeal before the Central Government Industrial Tribunal (CGIT), which had previously been dismissed for non-compliance with a pre-deposit condition. Justice Mini Pushkarna allowed the petitioner four weeks to deposit 40% of the assessed amount (approximately ₹2.51 crores), noting that the petitioner expressed readiness to comply with the financial requirement originally set by the CGIT. The Court directed that the appeal would stand revived immediately upon the deposit being made.

1. Procedural History and Nature of the Petition

The petitioner, Mahagun India Pvt Limited, filed a writ petition seeking to quash an order dated April 29, 2026, passed by the Presiding Officer of the CGIT-cum-Labour Court, Delhi-1. This order had dismissed the petitioner’s statutory appeal (Appeal No. D-1/23/2024) because the petitioner had failed to comply with an earlier pre-deposit order dated December 1, 2025.

2. The Original Pre-Deposit Order

In the December 2025 order, the CGIT considered a request for a waiver of the pre-deposit. The Tribunal observed that since the appeal was at the initial stage and the beneficiaries were unidentifiable, a total waiver of the deposit was not justified. Consequently, the petitioner was directed to deposit 40% of the total assessed amount of ₹6,27,44,486/- via a Fixed Deposit Receipt (FDR) in favor of the “Registrar CGIT”.

3. Submissions of the Parties

  • Petitioner: Learned counsel submitted that the petitioner was now ready to deposit the required 40%, which calculated to approximately ₹2,50,97,794/-, and requested a period of time to fulfill this obligation.
  • Respondent: The Regional Provident Fund Commissioner expressed no objection to granting the petitioner time to make the deposit. However, the respondent’s counsel suggested that the amount should be deposited directly with the respondent instead of the Registrar CGIT.

4. Court’s Analysis and Directions

The Court noted that the original CGIT order specifically directed the deposit to be made with the Registrar CGIT. Accordingly, the Court issued the following directions:

  • Extension of Time: The petitioner is granted four weeks from the date of the judgment to deposit the sum of ₹2,50,97,794/-.
  • Revival of Appeal: Upon deposit of the aforementioned amount, the petitioner’s appeal before the CGIT shall stand revived.
  • Release of Funds: The respondent is granted the liberty to move an application before the CGIT for the release of the deposited amount, which the Presiding Officer will then consider in accordance with the law.

5. Final Decision

The High Court disposed of the writ petition and all pending applications with these directions on July 6, 2026.

2026 DHC 5447

Mahagun India Pvt Limited vs. Regional Provident Fund Commissioner (D.O.J. 07.07.2026)

2026 DHC 5447 click here to view full text of judgment

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Labour Law: Payment of interest on pension grant – Liberty to make formal representations to respondent

July 10, 2026 No Comments

In Shobha Devi vs. Shailendra Kumar Singh (and several connected contempt petitions), the Delhi High Court disposed of a series of petitions regarding the payment of interest on pension grants for construction workers. Justice Mini Pushkarna noted that while the principal pension amounts had already been released to the petitioners following a 2023 judgment (Dulari Devi case), the respondent disputed the automatic entitlement to interest in every case. Rather than adjudicating the substantive right to interest within its contempt jurisdiction, the Court granted the petitioners liberty to make formal representations to the respondent, who was directed to pass a speaking order on the matter within six weeks.

1. Background and Context

The petitioners filed these contempt petitions alleging non-compliance with the directions issued in a 2023 judgment titled Dulari Devi Versus Delhi Building and Other Construction Workers Welfare Board & Anr. regarding the grant of pension.

2. Status of Payments

During the proceedings, the petitioners’ counsel informed the Court that the principal pension amounts had already been paid by the respondent. However, the current grievance was narrowed down specifically to the non-release of the interest component on those pension amounts.

3. The Respondent’s Objections

The respondent filed a reply disputing the payment of interest on several legal grounds:

  • Interpretation of Precedent: The respondent argued that the Dulari Devi judgment established a general legal principle regarding pension eligibility but did not mandate independent interest payments in every subsequent case.
  • Nature of Relief: It was contended that the original writ petitions did not contain express directions for interest, and therefore, compliance with the operative directions was completed upon the release of the principal benefits.
  • Jurisdictional Limits: The respondent asserted that contempt jurisdiction is limited to verifying deliberate disobedience and cannot be converted into execution proceedings for additional reliefs that were not specifically granted in the original order.

4. Court’s Directions and Disposal

In response to the respondent’s legal objections, the petitioners sought liberty to approach the respondent through administrative channels. Consequently, the Court issued the following directions:

  • Representation: The petitioners are permitted to make formal representations to the respondent regarding their claim for interest within four weeks.
  • Timebound Decision: Upon receiving these representations, the respondent must decide the matter expeditiously, preferably within six weeks, in accordance with the law.
  • Communication: The respondent is required to pass a speaking order and communicate the decision to the petitioners’ counsel via email.
  • Further Remedies: If the petitioners remain aggrieved by the respondent’s eventual order, the Court granted them the liberty to seek further legal remedies as available.

5. Final Conclusion

Finding that the substantive dispute over interest required a separate administrative or legal determination, the High Court disposed of the contempt petitions with the aforementioned directions to ensure an expedited resolution.

2026 DHC 5446

Shobha Devi vs. Shailendra Kumar Singh (D.O.J. 07.07.2026)

2026 DHC 5446 click here to view full text of judgment

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Refusal to Quash FIR: Forcible Abortion – Serious social offence.

July 10, 2026 No Comments

In Dinesh Chauhan & Ors. vs. State NCT of Delhi and Anr., the Delhi High Court refused to quash an FIR involving allegations of matrimonial cruelty and sexual misconduct despite a settlement between the parties. Justice Girish Kathpalia ruled that the inclusion of charges related to forcible abortion and violations of the Pre-Conception and Pre-Natal Diagnostic Techniques (PNDT) Act transformed the case from a private dispute into a serious social offence. The Court held that heinous crimes like female foeticide affect the interest of justice and society at large, and therefore cannot be quashed merely because the individuals involved have reached a compromise.

1. Nature of the Petition

The petitioners filed a petition under Section 482 of the CrPC seeking the quashing of FIR No. 378/2019 registered at Police Station Sarita Vihar. The request was based on the grounds that the de facto complainant (Respondent No. 2) had compromised her disputes with the petitioners.

2. Background and Charges

The FIR was initially registered for offences under Sections 323/509/34 of the IPC. However, several serious charges were subsequently added, including:

  • Section 313 IPC: Causing miscarriage without woman’s consent (forcible abortion).
  • Section 377 IPC: Unnatural offences.
  • Section 498A IPC: Matrimonial cruelty.
  • PNDT Act: Offences related to illegal sex determination.

3. Opposition by the State

The State strongly objected to the quashing of the FIR. The Additional Public Prosecutor (APP) pointed out that in her statement recorded under Section 164 of the CrPC, the complainant had levelled allegations of serious sexual misconduct and revealed that she was subjected to a forcible abortion and illegal sex selection procedures.

4. Petitioners’ Contentions

Counsel for the petitioners argued that the petition should be allowed because the complainant had agreed to the quash and the marriage between the complainant and Petitioner No. 1 had already been dissolved.

5. Court’s Findings and Reasoning

  • Social vs. Private Offences: The Court distinguished between “personal violations” between two individuals and “social offences”. It held that allegations of sex determination and female foeticide fall into the category of heinous social crimes.
  • Interest of Justice: The Court emphasized that when offences are of such a grave nature, the mere fact that the parties have settled does not warrant quashing the case. The interest of justice requires the prosecution to continue for crimes that impact society’s moral fabric.
  • Status of Investigation: The Court noted that a chargesheet regarding these serious allegations was soon to be filed.

6. Final Conclusion

Finding that the case was not a fit one for the exercise of its discretionary powers to quash an FIR, the Court dismissed the petition and the accompanying application.

2026 DHC 5427

Dinesh Chauhan & Ors. vs. State NCT of Delhi and Anr.(D.O.J. 07.07.2026)

2026 DHC 5427 click here to view full text of judgment

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