Interim Order 42

Order Details: COPY OF ORDER
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Interim Bail Application
FIR No. 455/2024
State Vs. Tushar Goyal
PS Special Ciall
U/s 8(C)/20/21/25/27A/29 NDPS Act
03.02.2026
This is an application U/s 483 of BNSS, 2023
seeking grant of interim bail to the applicant/ accused for a
period of 60 days.
Present: Sh. Akhand Pratap Singh, Ld. Spl. PP for State.
Mr. Vimal Tyagi, Ld. Counsel for applicant/accused.
IO SI Shailesh in person.
Reply to interim bail application is filed. Copy
supplied.
Arguments heard.
Ld. Counsel for accused submits that the mother of
applicant/accused is to undergo some surgery, therefore, the
applicant/accused has moved present application. He further
submits that earlier also the applicant/accused was admitted to
interim bail for aforesaid purpose. He further submits that earlier
the surgery could not be conducted as she had pain in her chest.
He further argued that the application to extend the
interim bail of applicant/accused was dismissed by Ld. Link
Court. He further submits that thereafter the applicant/accused
had filed the application to extend the interim bail before
Hon’ble Delhi High Court. He further argued that the Hon’ble
Delhi High Court had extended the interim bail of
applicant/accused only for two days and thereafter he was
directed to surrender on 17.01.2026. However, according to him,
the Hon’ble Delhi High Court has granted liberty to
applicant/accused to approach the Ld. Trial Court, in case any
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further date of surgery of mother of applicant/accused is fixed.
He further argued that now the surgery of mother of
applicant/accused is fixed for 05.02.2026 at Khetarpal Hospital,
therefore, the applicant/accused has moved present application to
admit him on interim bail for a period of 60 days.
Per contra, Ld. Spl. PP for the State and IO have
vehemently opposed the bail application. They submit that
though they have verified the medical documents of the mother
of applicant/accused and the fact that she has to undergo surgery
on 06.02.2026. But according to them, the applicant/accused has
tendency to get interim bail and to extend the same on the pretext
of ailment of his mother. According to them, the mother of
applicant/accused is changing the doctors for her treatment and
it is the fourth doctor. They further submit that the
applicant/accused may be ordered to be produced at the
concerned hospital in judicial custody on the date of surgery of
his mother and if the surgery is conducted, then the court may
consider to admit the applicant/accused on interim bail.
In rebuttal, Ld. Counsel for applicant/accused
submits on 16.01.2026, the concerned doctor was going out of
station, therefore, he directed the mother of applicant/accused to
come again on 25.01.2026. On 25.01.2025, the mother of
applicant/accused was communicated by the treating doctor that
he won’t be available in Delhi as his son-in-law is admitted in
ICU in a Hospital in Goa and the mother of applicant/accused
was advised to get admitted in hospital on 05.02.2026 for
surgery.
On this, Ld. Spl. for state submits that said doctor
was Dr. A.K. Dawar but the present doctor is Dr. Vikrant
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Katiyar.
Submissions considered. Record perused.
It is contended on behalf of applicant/accused that
the surgery of mother of applicant/accused is to be conducted on
05.02.2026. Earlier also, the applicant/accused was admitted to
bail for this reason. However, due to some reasons the surgery
could not be conducted. Though, Ld. Spl. PP and IO have
objected the present application and stated that the mother of
applicant/accused is changing the doctors but at the same time
they have verified the medical documents of mother of
applicant/accused and as per their own reply, the surgery of
mother of applicant/accused is fixed for 06.02.2026.
As per the facts of the case, the applicant/accused is
the only son of his parents. The Hon’ble Delhi High Court had
also observed this fact in order dt. 14.01.2026 and extended the
interim bail of applicant/accused for a period of two days. The
Hon’ble Delhi High Court also observed that once the mother of
applicant/accused consulted the doctor on 16.01.2026 and when
any further date is fixed for surgery, the applicant/accused may
move application before Ld. Trial Court.
Now admittedly, the surgery of mother of
applicant/accused is fixed for 06.02.2026 and as per the reply
filed by IO, the mother of applicant/accused may require 3 to 5
days of hospitalization, post surgery depending upon her
condition. Therefore, considering the medical condition of
mother of applicant/accused, the fact that the applicant/accused
is the only son of his parents, therefore, on humanitarian ground,
the applicant/accused is admitted to interim bail from 04.02.2026
to 18.02.2026 on furnishing personal bond for a sum of Rs.
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50,000/- with two respective sureties in the like amount subject
to following conditions :-
(i) That applicant/ accused shall not, directly or indirectly, make
any inducement, threat or promise to the complainant or any
person acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the Court or to any police officer;
(ii) That applicant/ accused shall upon his release on interim bail
provide his mobile number to the IO/ SHO and keep his such
mobile 'Switch On' at all times.
(iii)That applicant/ accused shall intimate to the IO/ SHO about
any change in his mobile number or address of his availability
during the interim bail period;
(iv) The applicant/ accused shall not indulge in any criminal
activity;
(v) That applicant/ accused shall not leave the country without
permission of the Court;
(vi) That applicant/ accused shall appear on each and every date
of hearing before the Court.
(vi) That applicant/ accused shall not leave the Delhi without
permission of the Court;
Copy of the order be given
dasti to the learned
counsel for applicant/ accused as well as IO concerned. Another
copy be sent to the concerned Jail Superintendent for
information.
The applicant/accused is directed to surrender before
Jail Superintendent on 19.02.2026.
The Jail Superintendent concerned is directed to file
a report with respect to the date of surrender of the applicant/
accused on 20.02.2026.
(Virender Singh)
Special Judge, NDPS,
Central,THC, Delhi/03.02.2026
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