Interim Order 49

Order Details: COPY OF ORDER
Pdf Text: Pages No. 1/5
Interim Bail Application
State Vs. Ritik Bajaj, FIR No. 455/24
PS Special Cell
U/s 8(c)/20/21/25/27(a)/29 NDPS Act & 209/238 BNS
13.03.2026
This is an application U/s 483 of BNSS, 2023
seeking grant of interim bail to the applicant/ accused Ritik Bajaj
for a period of 45 days.
Present: Sh. Akhand Pratap Singh, Ld. Special PP for
State(through VC).
Sh. Sachin Shukla and Sh. Ankit Duhan, Ld.
counsels for the applicant/ accused.
SI Vinod on behalf of IO Insp. Nishant Duhan in
person.
Reply to the interim bail application is filed. Copy
supplied.
Arguments heard.
Ld. counsels for the applicant/ accused submit that
the wife of the applicant/ accused is suffering from Grade-1
Anterolisthesis of L5 over S1 vertebra and PIVD at L4-L5 and
L5-S1 levels with bilateral nerve compression and therefore, she
has to undergo surgery. They further submit that the surgery of
the wife of the accused is fixed for 17.03.2026.
In view of abovesaid, accused/ applicant may be
admitted to interim bail for a period of 45 days.
Per contra, Ld. Special PP for the State as well as IO
have vehemently opposed the interim bail application of the
applicant/ accused stating that the allegations against the
applicant/ accused are serious in nature and earlier, he was
absconding. Thereafter, even Red Corner Notice was issued
against the accused/ applicant and he was apprehended from
U.A.E. and thereafter, he was transported to India.
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They further submit that though medical documents
of the wife of the applicant/ accused have been verified and same
are found genuine and the surgery of the wife of the applicant/
accused is fixed for 17.03.2026 but according to them, there is no
previous history of ailment of the wife of the applicant/ accused.
According to them, no such serious surgery can be opined to be
performed in the aforesaid short span of ailment. They further
submit that the wife of the applicant/ accused may be directed to
get second opinion from any Govt. Hospital. They further submit
that there are father-in-law, mother-in-law and brother-in-law in
the family of the applicant/ accused. Admittedly, earlier, the
applicant/ accused was residing U.A.E. from last about one and
half year and at that time also, wife of the applicant/ accused was
being taken care by her in-laws. At the time of her surgery, her
in-laws can take care of her and there is no need of physical
presence of the applicant/ accused at the time of surgery as well
as after surgery.
They further submit that the mother-in-law of the
applicant/ accused has confirmed that she will take care of the
wife of the applicant/ accused during her treatment as well as
after treatment.
In view of abovesaid, they request that the interim
bail application should be dismissed.
In rebuttal, Ld. counsels for the applicant/ accused
submit that the surgery of spine of wife of the accused is to be
conducted and after surgery, the wife of the applicant/ accused
has to take rest for about 20/25 days. She will need assistance
even for her daily activities i.e. for changing her cloths etc. and
in-laws cannot change her cloths. They further submit that during
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this period, wife of the applicant/ accused shall also require
emotional support, therefore, they request that the applicant/
accused may be admitted to interim bail for a period of 45 days.
Submissions considered. Record perused.
It is contended on behalf of the applicant/ accused
that the wife of the applicant/ accused has been diagnosed with
Grade-I Anterolisthesis of L5 over S1 vertebra and PIVD at L4-
L5 and L5-S1 levels with bilateral nerve compression and her
spinal surgery is fixed for 17.03.2026. There is no one to look
after the wife of the applicant/ accused during that period. The
in-laws cannot help the wife of the applicant/ accused in post
surgery recovery as need would arise to help her to do all daily
activities as well as for changing her cloths. They also contended
that the presence of accused/ applicant will also be required for
emotional support of his wife.
Ld. Special PP for the state has contended that
though the documents have been found genuine, the wife of the
applicant/ accused may be asked to get second opinion from any
Govt. Hospital.
After considering the submissions of both the
parties, in the considered opinion of this Court, no person will
undergo surgery of his or her spine only for the purpose of
getting interim relief of interim bail to any person. In addition to
that, IO has himself verified the medical documents of wife of
the applicant/ accused. He has also verified that the tentative
date of surgery of the wife of the applicant/ accused is
17.03.2026.
IO has annexed reply of Doctor concerned with his
own reply and as per the reply given by the Doctor concerned,
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the wife of the applicant/ accused visited the Hospital concerned
on 20.02.2026 and 05.03.2026. Further, surgery is fixed for
17.03.2026 and hospitalization of 3/4 days would require and she
will also require care for 4/5 weeks after surgery. Surgery will be
conducted at Chawla Medical and Surgical Centre, Rajouri
Garden, Delhi.
In view of abovesaid facts and circumstances of the
case, the grounds taken for interim bail are not found suspicious.
Further, though mother-in-law of applicant/ accused is available
but considering the seriousness of surgery as well as only on
humanitarian grounds, interim bail application of the applicant/
accused is allowed and the applicant/ accused Ritik Bajaj is
hereby granted interim bail for a period of 21 days (w.e.f.
16.03.2026 till 05.04.2026 on furnishing personal bond for a sum
of Rs. 1 Lakh with two sureties in the like amount subject to
following conditions :-
(i) The applicant/ accused will duly surrender in the Jail
upon expiry/ completion of aforesaid said period of 21
days on 06.04.2026;
(ii) The applicant/ accused shall not indulge in any criminal
activity;
(iii) The applicant/ accused will not influence the witnesses
nor tamper with any evidence;
(iv) The applicant/ accused shall furnish his address of his
availability during the interim bail period to the IO/ SHO;
(v) That the applicant/ accused shall upon his release give
his mobile number to the concerned IO/ SHO and shall
keep his mobile phone ‘switch on’ all times;
(vi) That applicant/ accused shall appear on each and every
date of hearing before the Court;
(vii) That applicant/ accused shall not leave the Delhi/
country without permission of the Court;
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(viii) That applicant/ accused shall deposit his passport
before the IO concerned, if not deposited earlier.
It is hereby ordered that the applicant/ accused Ritik
Bajaj shall mark his attendance with the IO at the concerned
office of Special Cell on every Monday during his interim bail
period between 4 PM to 6 PM.
The present interim bail application is disposed of
accordingly.
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. Jail Superintendent concerned is directed to file a
report with respect to the date of surrender of the applicant/
accused in the Jail after expiry of his interim bail period.
(Virender Singh)
Special Judge, NDPS,
Central,THC, Delhi/13.03.2026
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