Order 35

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: SC : 63/2022
FIR No. : 132/2021
PS: Crime Branch
State Vs. Habib -Ur-Rehman
16.04.2026
Present: Sh. Himanshu Garg, Ld. Addl. PP for the State.
Ms. Sakshi, Ld. Counsel for the applicant/accused.
I.A. No. 07/26: Application seeking regular bail on behalf of
applicant/applicant Habib-Ur-Rehman.
1. By this order I shall decide the regular bail application filed
on behalf of applicant Habib-Ur-Rehman son of Mohd. Hanif i.e.
I.A. No. 07/26.
2. Arguments on bail application were heard on 09.04.2026.
3. It is argued by the Ld. Counsel for the applicant that the
Hon’ble Delhi High Court had granted him interim bail from
time to time and the present applicant remained on interim bail
on 13.08.2024 to 06.02.2026. It is submitted that during this
period it is not the case of the prosecution that the present
applicant had threatened the witnesses. It is submitted that
present applicant cannot function on his own and is paralyzed
below his chest. It is thus submitted that applicant should be
granted regular bail.
4. On the other hand, Ld. Addl. PP for the State submits that
allegations are very serious in nature. As per the medical report
received from jail the inmate is receiving all the prescribed
medication and is also getting physiotherapy on regular basis. It
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is thus submitted that no ground is made out to grant regular bail
on medical grounds.
5. I have heard Ld. Counsels for the parties and perused the
record.
6. The brief facts of the case are that a secret information was
received regarding involvement of certain individuals based in
Delhi, Rajashtan and U.P. who were carrying out Anti National
activities and were engaged in Espionage for Pakistan. On
11.07.2021 a secret information was received that present
applicant would provide classified documents to the Indian Army
through persons based in Delhi. On 12.07.2021 accused Habib-
Ur-Rehman was apprehended and from his possession highly
classified documents were received. Information was sought
from the Indian Army regarding the seized document, pursuant to
the receipt of report the present FIR was registered. Co-accused
Paramjeet Kumar and Mohsin Khan were also arrested.
7. The applicant remained on interim bail on 13.02.2024 to
06.02.2026 primarily on the ground that he required treatment.
Not even a single medical document has been filed along with
present bail application indicating as to what treatment was taken
by the applicant during this period of two years while he was on
interim bail.
8. The Hon’ble Delhi High Court vide order dated 23.01.2026
passed in Crl. MC. 932/2022 had noted the report of the Medical
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Board which consisted of nine doctors. The said report is
reproduced as under:-
“OVERALL ASSESSMENT
Based on multidisciplinary evaluation clinical examination,
readiological imaging and laboratory investigations, the
Medical Board observes that:-
The objective clinical findings, imaging studies. and
laboratory results do not corroborate the severity or chronicity
of neurological deficits as described in the history.
No structural, metabolic, or electrophysiological
abnormalities were identified that could explain the alleged
traumatic paraplegia with long- standing bladder and bowel
involvement.
The patient's cardiovascular and metabolic currently stable
and well parameters controlled.
Further neurological invasive testing was advised but could
not be completed due to lack of consent.
CONCLUSION
The Medical Board concludes that there exists a significant
incongruity between the history provided and the objective
medical evidence available at present. The patient has been
comprehensively evaluated by all concerned specialties as per
court directions."
9. The perusal of the report reflects that the Board was of the
opinion regarding significant incongruity between the history and
the objective medical evidence available and on this ground the
Hon’ble Delhi High Court refused to extend the interim bail.
10. In the present case the applicant is primarily seeking regular
bail on the ground of his medical illness but has not placed on
record a single document with his bail application. The court
cannot support its own opinion viz a viz the opinion of the board.
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11. Considering the gravity and seriousness of the offence and the
finding of the Medical Board, as noted by the Hon’ble Delhi
High Court, no ground is made out to grant regular bail on the
medical ground. Application bearing I.A. no. 07/26 stands
dismissed.
12. Copy of the order be given dasti to the Ld. Counsel for the
accused free of cost. Copy of the order be sent to the Jail
Superintendent for information.
(ANKUR JAIN-I)
ASJ-04/Central/Delhi.
16.04.2026 km
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