Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: SC 107/2026
STATE OF DELHI Vs. RADHEY SHYAM GUPTA
FIR NO.16/2025 (South Avenue)
26.09.2026
Present : Sh. Mukul Kumar, Ld. Addl. PP for the State.
Sh. Vishal Arun Mishra, Sh. Utkarsh Singh, Ld.
Counsels for accused Radhey Shyam.
IO in person.
1. An application under Section 482 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 has been filed on behalf of the
applicant seeking enlargement on anticipatory bail.
2. A reply has been filed by ACP Arshdeep Singh Pamar.
3. Heard. Record perused.
4. The present application arises out of SC No. 107/2026, relating
to FIR No. 16/2025. Learned counsel for the applicant submits
that the accused persons have been summoned in the said case
and that the application has been moved under an apprehension
of arrest.
5. From the reply, it is apparent that no custodial interrogation of
the accused persons is required, nor was it required during
investigation. It is for this reason that the chargesheet was filed
without arrest.
6. Once the chargesheet itself has been filed without arrest, there
remains no reasonable apprehension of arrest so as to warrant
anticipatory bail. The position is well settled in Satender
Kumar Antil v. CBI, (2022) 10 SCC 51, and Court on its Own
Motion v. Central Bureau of Investigation, (2004) 72 DRJ 629.
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7. Independently of the above, the application is also not
maintainable. Section 18A of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 provides
that the provisions relating to anticipatory bail shall not apply
to a case under the said Act. The present application, being one
for anticipatory bail in a matter under the SC/ST (POA) Act, is
therefore barred.
8. In view of the foregoing, the application under Section 482
BNSS is dismissed as not maintainable and is disposed of
accordingly.
(SAURABH PARTAP SINGH LALER)
ASJ-03/New Delhi District
PHC / New Delhi / 26.09.2026
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