Order 26

Order Details: COPY OF ORDER
Pdf Text: State Vs. Javed Malik @ Jaidev @ Sunny @ Pouva
CNR No.: DLCT01-010490-2025
SC No. 478/2025
FIR No. 99/2025
Under Section 221/132/109(1)/121 BNS & 25/27 Arms Act
PS : Crime Branch
22.07.2026
Present : Mr. Amit Dabas, Ld. Addl. PP for the State.
Mr. Yashvir Singh, Ld. Counsel for the
applicant/accused, namely, accused, namely, Javed
Malik @ Jaidev @ Sunny @ Pouva.
Dr. Love Kumar Verma, Medical Officer-in-charge,
CJ-10, Rohini, New Delhi. (through video
conferencing)
O R D E R
1. The present application has been filed on behalf of
the applicant, namely, Javed Malik @ Jaidev @ Sunny @ Pouva
(
hereinafter referred to as the ‘applicant/accused’), in terms of
provisions under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 (
hereinafter referred to as ‘BNSS’), seeking
interim bail for a period of forty (40) days, on medical grounds.
2. Learned Counsel for the applicant outrightly
submitted that the applicant is lodged in judicial custody in the
present case since 27.04.2025. As per the Ld. Counsel, during
the period of incarceration in the present case, the applicant has
been experiencing several health issues. In this regard, Ld.
Counsel further submitted that the applicant is presently suffering
with chronic bronchial asthma and despite regular medication
and monitoring in jail, the applicant’s respiratory system
progressively deteriorating, due to which the applicant is unable
to even perform his day-to-day activity and exposing him to
imminent risk of his respiratory complications. Apart from the
aforesaid respiratory ailment, the applicant is also suffering with
hemorrhoids, leading to continuous pain, bleeding and extreme
FIR No. 99/2025
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discomfort. Ld. Counsel further submitted that due to continued
incarceration without access to specialized medical treatment, the
applicant’s health condition is deteriorating which require
immediate specialized medical treatment. Ld. Counsel further
submitted that the applicant has deep roots in the society and
there are no chances of him absconding/fleeing from justice, if
released on bail. Even otherwise, it was submitted that the
applicant was already granted interim bail for a period of 30 days
by Ld. ASJ (FTSC) (RC), Central, Tis Hazari Courts, Delhi
vide
order dated 10.07.2026 in case bearing;
FIR No. 150/2025, PS
Nabi Karim titled State v. Ankush & Ors., considering his
emergent medical condition. Accordingly, Ld. Counsel prayed
that the present application may be allowed.
3.
Per contra, Ld. Addl. PP for the State contended that
from a perusal of the charge-sheet and documents placed on
record, the active role and complicity of the applicant in the
instant case is clearly demonstrable. Ld. Addl. PP for the State
further submitted that the applicant is a habitual offender, who is
involved in crime of heinous nature and repeatedly concealing
his identity and there is a reasonable likelihood that the applicant
would jump bail if the said concession is granted by this Court,
also considering that the applicant is involved in several cases of
serious turpitude. Further, as per the Ld. Addl. PP for the State,
no emergent circumstances are demonstrable by the applicant,
which would convince this Court to grant any indulgence in
favour of the applicant. Accordingly, Ld. Addl. PP for the State
prayed that the present application may be dismissed.
4. The arguments of Ld. Counsel for applicant/accused
as well Ld. Addl. PP for the State are heard and the documents
including the reply of the IO, perused.
FIR No. 99/2025
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5. Notably, pursuant to the notice issued by Ld.
Vacation Judge, report dated 30.06.2026 was received, wherein it
was specifically noted that the applicant was suffering with
hematuria and pulmonary koch’s (tuberculosis) and that he was
provided necessary medical intervention. Subsequently, various
reports dated 03.07.2026, 07.07.2026, 10.07.2026, 16.07.2026
and 22.07.2026 were received from the concerned jail, besides
various Doctors/Medical Officer have entered appearance before
this Court, apprising this Court that the applicant was taken for
his examination and proposed course of treatment. Further, Dr.
Love Kumar Verma, Medical Officer-in-charge, CJ-10, Rohini,
New Delhi, who entered appearance through video conferencing
mode today and submitted that several medical issues have been
detected in the reports of the applicant. As per Dr. Love Kumar
Verma, even RBC is found in the urine sample of the applicant,
which demonstrates a certain degree of urgency, however, Dr.
Love Kumar Verma has conceded that the applicant is still under
further examination and that further time is required to determine
the exact cause of applicant’s ailment and future course of
treatment to be administered to him. However, Ld. Counsel for
the applicant has vehemently argued that the condition of the
applicant is deteriorating and that the applicant had already been
granted 30 days’ interim bail by Mr. Harjeet Singh Jaspal, Ld.
ASJ (FTSC) (RC), Central, Tis Hazari Courts, Delhi
vide order
dated 10.07.2026 in case bearing;
FIR No. 150/2025, PS Nabi
Karim titled State v. Ankush & Ors., appreciating the medical
urgency of the applicant.
6. Notably, in light of the foregoing, it is observed by
this Court that despite repeated notices, no concrete response is
forthcoming from the concerned jail authorities regarding the
proposed course of treatment for the applicant and the time
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period in which due medication would commence. On the
contrary, Dr.. has submitted that the detection of RBC in urine
sample of the applicant is an anomaly, for which proper tests are
required. Ergo, in light of the aforesaid and considering that no
concrete answer is forthcoming from the concerned jail
authorities, while the applicant is stated to be suffering with
several medical concerns, this Court deems it prudent to grant
interim bail to the applicant, in the terms and conditions,
specified herein. Further, in so far as the apprehension of Ld.
Addl. PP for the State pertaining to the applicant’s flight risk
and/or tampering with the prosecution’s witnesses/case is
concerned, the same can be taken care of by imposing elaborative
and stringent conditions (reference made to the decision in;
“Abhishek Kumar Singh v. State of Himachal Pradesh, 2020
SCC Online HP 3296 ”).
7. Accordingly, in conspectus of the above and further
keeping in view that the applicant is facing serious medical
concerns and is required to undergo proper treatment, this Court
deems it fit to allow the present application for interim bail
qua
the applicant and admit the applicant, namely, Javed Malik @
Jaidev @ Sunny @ Pouva to interim bail for a period of fifteen
(15) days from the date of his release, upon furnishing of
personal bond of Rs. 25,000/- (Rupees Twenty Five Thousand
only) along with two sureties of the like amount, subject to the
satisfaction of this Court and further subject to the following
additional conditions that;
(i) the applicant/accused shall not commit offence similar
to the offence of which the applicant/accused has/is
suspected to have committed;
(ii) the applicant/accused shall furnish to the Investigating
Officer a cell phone number on which the
applicant/accused may be contacted at any reasonable
time and shall ensure that the number is kept active;
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(iii) the applicant/accused shall cooperate in any further
investigation, as and when required and shall appear
before the investigating agency/Court as and when
called for, as per law;
(iv) the applicant/accused shall not, directly or indirectly,
contact or visit or offer any inducement, threat or
promise to any of the prosecution witnesses or other
persons acquainted with the facts of the case;
(v) the applicant/accused shall not tamper with evidence,
nor try to prejudice the proceedings in the matter in any
manner; and
(vi)
The applicant shall, upon his release give his mobile
number to the concerned IO and shall keep his mobile
phone switched on at all times.
8. It is clarified herein that the observations made in
the present order are only limited for the purpose of deciding the
present application of the applicant, namely, Javed Malik @
Jaidev @ Sunny @ Pouva and would have no bearing on the
factual matrix of the present case, which is a separate issue to be
determined as per law.
9. In view of the above, the present application of the
applicant, namely, Javed Malik @ Jaidev @ Sunny @ Pouva is
disposed off as allowed in the above terms.
10. A copy of the present order be given
dasti to the Ld.
Counsel for the applicant, namely, Javed Malik @ Jaidev @
Sunny @ Pouva as well as the IO. Further, a copy of this order be
sent to the concerned Jail Superintendent with the direction to
hand over a copy of order to the applicant/accused.
Abhishek Goyal
ASJ-03, Central District,
Tis Hazari Courts, Delhi/22.07.2026
FIR No. 99/2025
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