Puneet Gupta vs State (Govt. Nct Of Delhi) & Anr on 30 July, 2026

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    Delhi High Court

    Puneet Gupta vs State (Govt. Nct Of Delhi) & Anr on 30 July, 2026

    Author: Prateek Jalan

    Bench: Prateek Jalan

                              $~19
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                        Decided on: 30.07.2026
                              #    CNR No. DLHC010264172026
                              +    BAIL APPLN. 2322/2026 & CRL.M.A. 18235/2026
    
                                    PUNEET GUPTA                                        .....Petitioner
                                                        Through:     Mr. Vikas Kumar and Ms. Sejal Jain,
                                                                     Advocates.
                                                        Versus
    
                                    STATE (GOVT. NCT OF DELHI) & ANR.         .....Respondent
                                                  Through: Mr. Tarang Srivastava, APP with Mr.
                                                           Abhay Sahni, Advocate.
                                                           ACP Ashok Kumar, SI Kevendra
                                                           Singh.
                                                           Mr. Bipin Kumar Jha, Advocate for
                                                           R2.
    
                              CORAM:
                              HON'BLE MR. JUSTICE PRATEEK JALAN
                                                  JUDGMENT
    

    PRATEEK JALAN, J. (ORAL)

    CRL.M.A. 22725/2026 (for amendment)
    The applicant seeks to amend the cause title of the captioned bail
    application to include Section 528 of the Bharatiya Nagarik Suraksha
    Sanhita, 2023.

    SPONSORED

    For the reasons stated therein, the application is allowed.
    The application stands disposed of.

    BAIL APPLN. 2322/2026

    1. By way of the present application under Section 482 of the Bharatiya
    Nagarik Suraksha Sanhita, 2023 [“BNSS”] (corresponding to Section 438 of

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    the Code of Criminal Procedure, 1973 [“CrPC“]) read with Section 528 of
    the BNSS [corresponding to Section 482 of the CrPC], the applicant seeks
    anticipatory bail in connection with FIR No. 0007/2026, dated 06.01.2026,
    registered at Police Station Laxmi Nagar, District East, Delhi, under
    Sections 3(1)(r) and 3(1)(s) of the Scheduled Caste and Scheduled Tribe
    (Prevention of Atrocities) Act, 1989 [“the SC/ST Act”], and Section 506 of
    the Indian Penal Code, 1860.

    2. I have heard Mr. Vikas Kumar, learned counsel for the applicant, Mr.
    Tarang Srivastava, learned Additional Public Prosecutor, and Mr. Bipin
    Kumar Jha, learned counsel for respondent No. 2 – complainant.

    A. PROSECUTION CASE

    3. The State has placed on record a Status Report dated 17.07.2026. The
    prosecution case, as emerging from the material on record, is as follows:

    a. The FIR was registered on the complaint of one Ram Avtar. The
    complainant stated that he belongs to the Scheduled Caste community
    and that, in October 2023, he entered into a partnership with the
    applicant in respect of a gym – ‘Vision Fitness Club’.
    b. On 23.03.2024, the applicant and one Vipin Tomar, in the presence of
    several persons, used caste-based derogatory words against him and
    assaulted him.

    c. The partnership was mutually dissolved in the presence of police
    officials of Police Station Laxmi Nagar, and the complainant left the
    business.

    d. However, even thereafter, the applicant and his wife continued to
    insult the complainant by using casteist slurs, whenever they saw him.

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    e. On 15.07.2024, the applicant called one Atif Javed, who was present
    at his office, situated at 332A, West Guru Angad Nagar, Laxmi
    Nagar, Delhi, alongwith his friends, Atif and Abhishek. During the
    said conversation, the applicant abused the complainant by using
    caste-based slurs and further threatened to kill him.
    f. In December 2024, an unknown person, acting at the instance of the
    applicant, called the complainant and threatened him to leave Laxmi
    Nagar.

    g. On 30.06.2025, the applicant’s wife lodged a false complaint of
    molestation/sexual harassment against the complainant. Pursuant to an
    order dated 12.12.2025 of the Magistrate’s Court under Section
    175(3)
    BNSS, FIR No. 343/2025 dated 17.12.2025, has been
    registered against respondent No. 2, under Sections 75/79/351(2) of
    the Bharatiya Nyaya Sanhita, 2023 [“BNS”].

    h. In the present FIR, the statement of the complainant was recorded
    under Section 183 of the BNSS, in which he corroborated the
    aforesaid allegations. The statements of the eye-witnesses, Abhishek
    Sharma and Atif, were also recorded under Section 180 of the BNSS,
    wherein they supported the prosecution case.

    i. During the course of investigation, three notices under Section 35(3)
    of the BNSS were issued to the applicant on 30.03.2026, 31.03.2026,
    and 13.04.2026. However, he failed to join the investigation.
    j. The applicant then filed an application seeking anticipatory bail
    before the Sessions Court. He was initially granted interim protection,
    by order dated 23.04.2026, pursuant to which he joined the

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    investigation on 30.04.2026. However, his application was
    subsequently dismissed vide order dated 30.05.2026.
    k. On 06.07.2026, the Sessions Court issued bailable warrants against
    the applicant, returnable on 19.08.2026. His house was found to be
    locked, and a copy of the bailable warrants was pasted on his house
    on 15.07.2026.

    l. As the instance of the applicant, FIR No. 344/2025 dated 17.12.2025,
    has been registered against respondent No. 2, under Sections
    118(1)
    /117(2)/3(5) of the BNS. He alleges therein that he is owner of
    ‘Vision Fitness Club’ and that, on 16.12.2025, while he was present at
    his gym, 4-5 persons entered the premises with their faces covered,
    armed with stick, iron rod, knife, and assaulted him on his head and
    back. It is further alleged that one person stabbed him on his back.
    The complainant was arrested in connection with the said case, and
    was subsequently released on bail.

    B. SUBMISSION OF LEARNED COUNSEL FOR THE PARTIES

    4. In support of the present application, Mr. Kumar submits that the
    present FIR has been registered belatedly, in respect of alleged incidents
    stated to have occurred on 23.03.2024, 15.07.2024, and December 2024, and
    constitutes a retaliatory measure to a complaint filed by the applicant’s wife
    in relation to an incident of 28.06.2025, which was subsequently registered
    as an FIR [FIR No. 343/2025 dated 17.12.2025, Police Station Laxmi
    Nagar]. He submits that the complainant has himself referred to the said
    incident of 28.06.2025 in the present FIR, as one of the reasons for seeking
    registration of the same. It is submitted that there is no material in support of
    the present FIR, which has been registered in abuse of process of Court.

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    5. Mr. Srivastava and Mr. Jha, on the other hand, object to the
    maintainability of the present application, relying upon Section 18 of the
    SC/ST Act, which provides that Section 438 of the CrPC [corresponding to
    Section 482 of the BNSS] is inapplicable to any case under the said Act.
    They submit that the Supreme Court, in Prithvi Raj Chauhan v. Union of
    India and Others1
    , has held that anticipatory bail can be granted, only when
    no prima facie case is made out. Learned counsel submit that a prima facie
    case is, in fact, made out in the present case, and that two eyewitnesses have
    also corroborated the allegations made by the complainant.

    6. Mr. Jha also submits that the complainant has been diligently
    pursuing his complaints against the applicant. He had earlier filed a
    complaint before the Station House Officer [“SHO”], Police Station Laxmi
    Nagar, on 30.06.2025, as also before the National Commission for
    Scheduled Castes2, raising allegations similar to those contained in the FIR.
    In support of the submission with regard to the maintainability of the present
    application, he relies upon a judgment of the Supreme Court in Shajan
    Skaria v. State of Kerala and Another3
    .

    C. ANALYSIS

    7. Section 18 of the SC/ST Act reads as follows:

    “18. Section 438 of the Code not to apply to persons committing an offence
    under the Act.–Nothing in Section 438 of the Code shall apply in relation to
    any case involving the arrest of any person on an accusation of having
    committed an offence under this Act.”

    1

    (2020) 4 SCC 727 [hereinafter, “Prithvi Raj Chauhan”].

    2

    A copy of the said complaints have been handed over in Court, and are taken on record.

    3

    2024 SCC OnLine SC 2249 [hereinafter, “Shajan Skaria”].

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    8. Section 18-A was later inserted by the Scheduled Castes and the
    Scheduled Tribes (Prevention of Atrocities) Amendment Act, 20184. Section
    18-A(2) reads as follows:

    “18-A. No enquiry or approval required.–

    xxx xxx xxx

    (2) The provisions of Section 438 of the Code shall not apply to a case under
    this Act, notwithstanding any judgment or order or direction of any Court.”

    9. These provisions came up for consideration before a three-Judge
    Bench of the Supreme Court in Prithvi Raj Chauhan. The Court held that
    the provisions of Sections 18 and 18-A(2) would apply, unless the complaint
    fails to make out a prima facie case for applicability of the SC/ST Act5. In a
    concurring judgment, S. Ravindra Bhat, J., observed as follows:

    “32. As far as the provision of Section 18-A and anticipatory bail is
    concerned, the judgment of Mishra, J. has stated that in cases where no
    prima facie materials exist warranting arrest in a complaint, the court has
    the inherent power to direct a pre-arrest bail.

    33. I would only add a caveat with the observation and emphasise that while
    considering any application seeking pre-arrest bail, the High Court has to
    balance the two interests : i.e. that the power is not so used as to convert the
    jurisdiction into that under Section 438 of the Criminal Procedure Code,
    but that it is used sparingly and such orders made in very exceptional cases
    where no prima facie offence is made out as shown in the FIR, and further
    also that if such orders are not made in those classes of cases, the result
    would inevitably be a miscarriage of justice or abuse of process of law. I
    consider such stringent terms, otherwise contrary to the philosophy of bail,
    absolutely essential, because a liberal use of the power to grant pre-arrest
    bail would defeat the intention of Parliament.

    34. It is important to reiterate and emphasise that unless provisions of the Act
    are enforced in their true letter and spirit, with utmost earnestness and
    dispatch, the dream and ideal of a casteless society will remain only a dream,

    4
    With effect from 20.08.2018.

    5

    Prithvi Raj Chauhan, paragraphs 11, 32-34.

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    a mirage. The marginalisation of Scheduled Caste and Scheduled Tribe
    communities is an enduring exclusion and is based almost solely on caste
    identities. It is to address problems of a segmented society, that express
    provisions of the Constitution which give effect to the idea of fraternity,
    or bandhutva referred to in the Preamble, and statutes like the
    Act, have been framed. These underline the social — rather collective resolve

    — of ensuring that all humans are treated as humans, that their innate genius
    is allowed outlets through equal opportunities and each of them is fearless in
    the pursuit of her or his dreams. The question which each of us has to
    address, in everyday life, is can the prevailing situation of exclusion based on
    caste identity be allowed to persist in a democracy which is committed to
    equality and the rule of law? If so, till when? And, most importantly, what
    each one of us can do to foster this feeling of fraternity amongst all sections
    of the community without reducing the concept (of fraternity) to a ritualistic
    formality, a tacit acknowledgment, of the “otherness” of each one’s
    6
    identity.”

    10. Further, in Shajan Skaria, the test to be applied was elaborated, as
    follows:

    “47. Prima facie is a Latin term that translates to “at first sight” or “based
    on first impression”. The expression “where no prima facie materials exist
    warranting arrest in a complaint or FIR” should be understood as “when
    based on first impression, no offence is made out as shown in the FIR or the
    complaint”. This means that when the necessary ingredients to constitute the
    offence under the Act, 1989 are not made out upon the reading of the
    complaint, no case can be said to exist prima facie.

    48. As a sequitur, if the necessary ingredients to constitute the offence
    under the Act, 1989 are not disclosed on the prima facie reading of the
    allegations levelled in the complaint or FIR, then in such circumstances, as
    per the consistent exposition by various decisions of this Court, the bar of
    Section 18 would not apply and the courts would not be absolutely precluded
    from granting pre-arrest bail to the accused persons.

    49. In our opinion, the aforesaid is the only test that the court should apply,
    when an accused prays for anticipatory bail in connection with any offence
    alleged to have been committed under the provisions of the Act, 1989. In a
    given case, an accused may argue that although the allegations levelled in
    the FIR or the complaint do disclose the commission of an offence under
    the Act, 1989, yet the FIR or the complaint being palpably false on account

    6
    Emphasis supplied.

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    of political or private vendetta, the court should consider the plea for grant
    of anticipatory bail despite the specific bar of Section 18 of the Act, 1989.
    However, if the accused puts forward the case of malicious prosecution on
    account of political or private vendetta then the same can be considered
    only by the High Court in exercise of its inherent powers under Section 482
    of the Code or in exercise of its extraordinary jurisdiction under Article 226
    of the Constitution. However, powers under Section 438 of the CrPC
    cannot be exercised once the contents of the complaint/FIR disclose a
    prima facie case. In other words, if all the ingredients necessary for
    constituting the offence are borne out from the complaint, then the remedy
    7
    of anticipatory bail becomes unavailable to the accused.”

    11. The aforesaid judgments, thus, hold that the grant of anticipatory bail
    under Section 438 of the CrPC [corresponding to Section 482 of the BNSS]
    is barred, unless the ingredients of the offence are not prima facie disclosed
    in the complaint or in the FIR. However, the High Court retains the
    jurisdiction to consider an argument of malicious prosecution on account of
    political or private vendetta, in exercise of its powers under Section 482 of
    the CrPC [corresponding to Section 528 of the BNSS], or Article 226 of the
    Constitution.

    12. Applying these judgments to the facts of the present case, the first
    question to be answered is whether the FIR, prima facie, discloses the
    ingredients of the offences alleged.

    13. In the present case, the applicant is accused of offences under
    Sections 3(1)(r) and (s) of the Act, which read as follows:

    “3. Punishments for offences of atrocities.–(1) Whoever, not being a member
    of a Scheduled Caste or a Scheduled Tribe,–

    xxx xxx xxx

    (r) intentionally insults or intimidates with intent to humiliate a member of a
    Scheduled Caste or a Scheduled Tribe in any place within public view;

    (s) abuses any member of a Scheduled Caste or a Scheduled Tribe by caste
    name in any place within public view;”

    7

    Emphasis supplied.

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    14. In this regard, the relevant contents of the FIR, which was recorded in
    Hindi, are extracted below:

    15. Roughly translated, the aforesaid content may be summarised thus:

    a. In October 2023, the complainant started a gym in partnership with
    Punit Gupta under the name “VISION FITNESS CLUB”.

    b. On 23.03.2024, at Mukut Complex Building No. 9/10, Laxmi Nagar,
    Delhi, Punit Gupta violated the agreed terms of their partnership in relation
    to the gym. During a conversation held in the presence of Avi, Atif,
    Abhishek, and other people who had come to exercise at the gym, Punit
    Gupta and his associate Vipin Tomar physically assaulted the complainant
    and addressed him by using casteist slurs such as “Chamar”.
    c. Thereafter, their partnership was dissolved by mutual agreement at
    Police Station Laxmi Nagar.

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    d. However, in the meantime, whenever Punit Gupta and his wife, Neha
    Gupta encountered the complainant on the road, they would insult him by
    using casteist slurs such as “Chamar”. They would also spit on the ground
    in front of the complainant while passing by, and on some occasions,
    droplets of their spit fell on him.

    e. Even after about two years, on 25.04.2025, Punit Gupta called a
    person named Piyush Sharma and alleged that, at the complainant’s
    instance, Piyush Sharma was speaking negatively about the gym to its
    members. When Piyush Sharma asked, “Which Ram?”, Punit Gupta
    replied, “Ram Chamar Saala who was gym trainer”.

    f. Even before, on 15.07.2024, Punit Gupta called Atif Javed, when he
    was present at the complainant’s office in Laxmi Nagar, Delhi, with Avi
    and Abhishek. During that call, Punit Gupta abused the complainant by
    using casteist slurs such as “Chamar”, and also threatened to kill the
    complainant, which was heard by the complainant and others present.
    g. Apart from this, in the month of December 2024, the complainant
    received a phone call from an unknown goon who threatened him to leave
    Laxmi Nagar, at the instance of Punit Gupta.

    h. Punit Gupta has also got a person named Swadesh to threaten the
    complainant, regarding which he had previously submitted a complaint at
    the police station.

    i. On 28.06.2025, Neha Gupta, the wife of Punit Gupta, lodged a false
    complaint of molestation against the complainant with the intention of
    mentally and physically harassing him. Due to these continuous incidents,
    the complainant is stated to have been suffering from severe mental stress
    and illness.

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    16. Having regard to the aforesaid contents of the FIR, and the scope of
    enquiry mandated by the Supreme Court, I am unable to hold that the FIR
    does not, prima facie, disclose the ingredients of the alleged offences. The
    allegations are specific and discussed with precision. Sections 18 and 18-
    A(2) of the SC/ST Act, therefore, bar the grant of anticipatory bail under
    Section 438 of the CrPC [corresponding to Section 482 of the BNSS].

    17. Mr. Kumar, however, submitted that anticipatory bail can be granted
    in exercise of this Court’s jurisdiction under Section 482 of the CrPC
    [corresponding to Section 528 of the BNSS], or Article 226 of the
    Constitution. Drawing upon the observations of the Supreme Court in
    paragraph 49 of Shajan Skaria, he contended that the present case has been
    instituted by the complainant as a “private vendetta”. He submitted that the
    incidents which form the subject matter of the present FIR occurred in July
    2024 and December 2024, but the complainant made his first complaint in
    this regard only on 30.06.2025. In the complaint, he referred to the aforesaid
    incidents, and also to the complaint made by the applicant and his wife
    against him on the same day, while characterising the complaint of the
    applicant and his wife as false and fabricated, with the intention to harass
    him mentally and physically. He requested an independent investigation into
    the complaints of the applicant’s wife, and also sought action under the
    SC/ST Act.

    18. Even accepting Mr. Kumar’s submission that this Court retains the
    discretion to grant anticipatory bail in the circumstances of a “private
    vendetta”, by virtue of paragraph 49 of Shajan Skaria, I do not find this to
    be a fit case for exercise of that discretion. It is correct that the subject FIR
    was registered only on 06.01.2026, after the applicant’s wife and the

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    applicant had caused two FIRs to be registered against the complainant –
    both on 17.12.2025. However, the undisputed documents placed on record
    by Mr. Jha show that the first complaint was made by the complainant to the
    SHO and the Deputy Commissioner of Police on 30.06.2025. He thereafter
    also made a complaint to the National Commission for Scheduled Castes.
    While the lodging of formal complaints was after the first complaint made
    by the applicant’s wife, Mr. Kumar’s contention that this, by itself,
    demonstrates a “private vendetta”, cannot be accepted. There was a pre-
    existing business relationship between the applicant and the complainant.
    His allegations are specific and supported by his statement under Section
    183
    of the BNSS, as well as statements of two eye-witnesses under Section
    180
    of the BNSS. In such circumstances, the timing of the complaint alone
    is insufficient to establish an argument of “private vendetta”, particularly in
    the face of the express statutory provisions referred to above.

    19. It is expressly clarified that, in view of the aforesaid findings in the
    facts of the present case, I do not render any conclusive opinion on whether
    the High Court is empowered to grant anticipatory bail in respect of offences
    under the SC/ST Act, in exercise of its powers under Section 482 of the
    BNSS [corresponding to Section 438 of the CrPC], or Article 226 of the
    Constitution, as argued by Mr. Kumar.

    20. Having regard to the statutory mandate, as interpreted by the Supreme
    Court in the aforesaid judgments, I do not consider this to be an exceptional
    case, in which the power to grant anticipatory bail can be exercised. As
    noted above, in matters arising under the SC/ST Act, the Supreme Court has
    cautioned that the said power is required to be exercised with
    circumspection and only in exceptional cases, as a liberal exercise of such

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    jurisdiction would risk defeating the legislative intent underlying the
    enactment.

    D. CONCLUSION:

    21. The bail application, alongwith pending application, is accordingly
    dismissed.

    22. It is made clear that the observations made herein are solely for the
    purpose of adjudication of the present bail application and shall not be
    construed as an expression of opinion on the merits of the case, nor shall
    they prejudice the rights and contentions of the parties at any stage of the
    proceedings.

    23. Similarly, I have not expressed any opinion on the merits of the FIRs
    filed by the applicant or his wife against the complaint herein.

    PRATEEK JALAN, J
    JULY 30, 2026
    PV/KA/

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