Anwar Khan @ Chacha vs The State Nct Of Delhi

$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 21.04.2026
+ BAIL APPLN. 1053/2026
ANWAR KHAN @ CHACHA .....Petitioner
Through: Mr. Anurag Jain, Mr. Sulaiman
Mohd. Khan, Ms. Taiba Khan and
Mr. M.M. Khan, Advocates

versus

THE STATE NCT OF DELHI .....Respondent
Through: Mr. Akhand Pratap Singh, SPP with
Samridhi Dobhal, Mr. Krishna Mohan
Chandel and Ms. Lisa Pegwal,
Advocates with Inspector Shiv
Darshan and SI Kashish Swami,
Special Cell


CORAM: JUSTICE GIRISH KATHPALIA




J U D G M E N T (ORAL)


1. The accused/applicant seeks regular bail in case FIR No. 368/2024 of
Police Station Greater Kailash for offence under Section 103(1)/61(2)/3(5)
BNS and Section 25/27 of the Arms Act.
2. Status report in terms with last order has not been filed. I have heard
learned counsel for accused/applicant and learned Special Public Prosecutor
for State assisted by IO/Inspector Shiv Darshan.

BAIL APPLN. 1053/2026 Page 1 of 4 pages
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45
569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557
0996b40f80cbd2eee60402c487965ff801e26fa
, cn=GIRISH KATHPALIA
Date: 2026.04.21 05:45:59 -07'00'
Digitally Signed
By:RAHUL YADAV
Signing Date:21.04.2026
18:19:26
GIRISH
KATHPALIA
Signature Not Verified

3. Since status report is not on record, the factual matrix presented by
the prosecution side is narrated by learned Special Public Prosecutor as
follows. On 14.09.2024, Salman received a call from Hashim, asking
Salman to speak with Zoya ( wife of Hashim ). Thereafter, Salman received a
call from Zoya, who directed Salman to drop two persons at the residence of
the present accused/applicant. Accordingly, Salman dropped those two
persons, namely Madhur and Raju at the residence of the accused/applicant.
Two days thereafter, Salman received a call from the present
accused/applicant, asking Salman to reach Aligarh Bus Stand on the pretext
of buying some business material. There, Rashid Cablewala called up the
present accused/applicant and in that phone call, Rashid directed Salman to
go to Ujjain with Madhur. Salman visited Ujjain with Madhur and after
leaving Madhur in Ujjain, Salman returned to Delhi. After that, Salman
visited house of Zoya, where Salman found that Rashid was speaking on
speaker phone of Zoya. At that time, the present accused/applicant also was
present at the house of Zoya and was speaking with Rashid over phone in
which, Rashid stated that the shooters Madhur and Raju have killed the
deceased Nadir Shah.
4. It is specifically recorded here that the above narrative of the factual
matrix has been dictated verbatim, as narrated by the learned Special Public
Prosecutor in presence of IO/Inspector Shiv Darshan.
5. On last date, in the above backdrop a specific query was raised as to
whether Salman has been named as an accused or not. Today, it is stated by
learned Special Public Prosecutor that Salman has not been named as an

BAIL APPLN. 1053/2026 Page 2 of 4 pages
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569
af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557099
6b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.04.21 05:45:50 -07'00'
Digitally Signed
By:RAHUL YADAV
Signing Date:21.04.2026
18:19:26
GIRISH
KATHPALIA
Signature Not Verified

accused but as a witness.
6. To say the least, it is quite surprising to note that Salman, who
allegedly commuted the alleged shooters and who was in touch with Zoya
has not been named as an accused but as a witness. On the other hand, the
accused/applicant against whom there is no specific allegation that he was
aware that Madhur and Raju, who were brought to his house were killers,
has been made accused. From the above narrative, recorded verbatim as
submitted by learned Special Public Prosecutor in presence of the IO, prima
facie , there is no allegation against the accused/applicant.
7. But in the course of dictation of this order, learned Special Public
Prosecutor submits that after recording of statement of Salman under
Section 183 BNSS, Salman received a threat call from the present
accused/applicant, regarding which FIR has been registered. In response to a
specific query, learned Special Public Prosecutor submits that in his
statement under Section 183 BNSS, Salman simply reiterated the above
mentioned factual matrix and added that when he commuted Madhur and
Raju, he was not aware that they were the killers. That being so, one
wonders as to why the present accused/applicant would make threat call to
Salman.
8. Considering the above circumstances, especially the role of the
accused/applicant with no clear allegation ( what to say of evidence ) of his
complicity in the killing, I find no reason to further deprive liberty to the
accused/applicant. Of course, nothing observed in this order shall be read to

BAIL APPLN. 1053/2026 Page 3 of 4 pages
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec455
69af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557
0996b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.04.21 05:45:40 -07'00'
Digitally Signed
By:RAHUL YADAV
Signing Date:21.04.2026
18:19:26
GIRISH
KATHPALIA
Signature Not Verified

the prejudice of either side at the final stage of the trial and the learned trial
court shall take independent view on the basis of evidence adduced.
9. Therefore, the bail application is allowed and accused/applicant is
directed to be released on bail subject to his furnishing a personal bond in
the sum of Rs.25,000/- with one surety in the like amount to the satisfaction
of the Trial Court.
10. A copy of this order be immediately transmitted to the concerned Jail
Superintendent for informing the accused/applicant.


Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1
5570996b40f80cbd2eee60402c487965ff80
1e26fa, cn=GIRISH KATHPALIA
Date: 2026.04.21 05:45:29 -07'00'
GIRISH
KATHPALIA

GIRISH KATHPALIA
(JUDGE)
APRIL 21, 2026/ as

BAIL APPLN. 1053/2026 Page 4 of 4 pages
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:21.04.2026
18:19:26