Alka Sharma vs State Nct Of Delhi

The applicant/accused seeks regular bail in case FIR No. 08/2026 of PS C.R. Park for offence under Section 318(4)/336(3)/340(2)/316(5) BNS.

In the first call today, the matter was passed over at request from the side of the accused/applicant. In this second call, learned Senior Counsel for accused/applicant has initiated his submissions. It is stated by learned Senior Counsel that even after withdrawal of protection against arrest her by way of order dated 08.07.2026, the accused/applicant joined investigation by visiting the IO on 20.07.2026 and 06.08.2026, but the IO did not arrest which shows that the accused/applicant is not required for any custodial interrogation.

The IO/SI Rajak Ahmad present in Court admits that after withdrawal of protection, the accused/applicant joined investigation by reporting to him on the said two dates, but he opted not to arrest her. In response to a specific query, the IO submits that at present he does not want to arrest the accused/applicant. To arrest or not is obviously prerogative of the IO.

That being so, the present anticipatory bail application is disposed of directing that in case the IO considers it necessary to arrest the accused/applicant, he shall give her a prior notice of two weeks so that she may approach the Court of Sessions for grant of anticipatory bail, if so advised. GIRISH KATHPALIA