Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IA No. 01/2026
SC No. 20/2026 (Old No. 571/2026)
FIR No. 411/2020
State v. Puneet @ Mukesh
PS: Narela
under Section 3 & MCOC Act
19.9.2026
Present: Sh. Neeraj Madhup, Ld. SPP for the State alongwith
IO/ACP Mukesh Kumar.
Ms. Aksha Rajput, Ld. Counsel for
applicant/accused Puneet @ Mukesh.
The present application has been filed seeking
interim bail for 45 days on the medical ground of the applicant's
wife Smt. Soniya.
It is submitted on behalf of the applicant that his
wife is suffering severe back pain (lower limb pain) and after
MRI, she has been advised surgery of LS Spine L4-5 (Disc) on
23.9.2026. It is submitted that the applicant's presence is
necessary to lookafter his wife as well as to provide proper care
and make arrangements for the treatment as there is no other
male member in the family. Further, he has minor children and
there is nobody to lookafter them. It is further pleaded that the
applicant was granted interim bail on earlier occasion also and he
never misused the liberty so granted to him.
While opposing the application, it is the case of the
State that the application is devoid of merits as well as liable to
be dismissed on account of previous conduct & criminal
antecedents. It is it's case that the applicant is involved in henious
cases of murder, attempt to murder, robbery etc. across Delhi-
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NCR and though, he is involved in 29 FIRs, however, in the
affidavit accompanying the application, he is shown to be
involved in only 4 cases. It is also it's case that the applicant was
granted interim bail on earlier occassion but he jumped the bail
and ultimately surrendered only after NBWs were issued against
him. Thus, he failed to abide by the terms of the liberty granted
by this Court. It is also it's case that not only the Doctor who has
opined Spine Surgery is not having any specialist qualification,
but furthermore, on verification, he informed that the surgery is
not mandatory and thus there are no exceptional or compeling
circumstances for the applicant to be released on bail.
Upon getting the rival contentions raised at bar, I am
not inclined the applicant to enlarge on bail. As per medical
document dated 17.9.2026, opinion of Dr. Ajit Singh of
NOVACARE Hospital, the applicant's wife surgery is not
mandatory i.e. absolutely necessary or essential. Infact, the said
Doctor is not a Neurosurgeon, not a Specialist and simplicitor
holds an MBBS Degree. Infact, I have serious doubts regarding
the earlier prescriptions/medical advise of Dr. Ajit Singh for the
reason that his handwriting in medical report/opinion dated
17.9.2026 does not even remotely match with the handwriting
appearing on previous prescriptions/opinion dated 07.9.2026 &
21.8.2026. Infact, there are 3 prescriptions dated 07.9.2026
which makes no sense. The language, the writing flow etc. is
entirely different in opinion dated 17.9.2026 and the earlier
reports. It appears that these reports/opinion/diagnosis were
written by someone else and not by Dr. Ajit Singh. Nonetheless,
as per the latest opinion, as discussed above, the applicant's wife
does not require surgery.
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Also not only the affidavit of the Pairokar
accompanying the bail application is misleading as only 4
criminal cases have been mentioned in the same, whereas, the
applicant is involved in 29 criminal cases but it is a matter of
record that the applicant misused the liberty as was granted by
this court on earlier occasion when he was released on interim
bail. Though he had to surrender on 02.5.2025, however, he did
not surrender on the said day or the next day but only
surrendered on 04.5.2026 that too only after the NBWs were
issued against him. Such an applicant does not deserve the
indulgence of the Court. Therefore, and when there are no
compelling of exception circumstances, nothing to suggest that
the applicant's wife is suffering from any life threatening ailment,
I am not inclined to enlarge the applicant on interim bail.
Interim bail application stands dismissed.
Before parting with the present order, I am
constrained to observe, as was also observed vide orders dated
18.9.2026 that the present FIR under the provisions of MCOCA
was registered on 17.9.2020, however, the applicant was arrested
only on 09.02.2026. Furthermore, as per the chargesheet filed on
01.8.2026, there is one more accused namely Pradeep @ Gauri
and he was arrested on 16.4.2026. Thus, not only the chargesheet
was filed after almost 6 years since the registration of the FIR but
the accused persons were also arrested after more than 5.5 years
of the FIR being registered.
It is also evident from the reply to the bail
application filed today that after the registration of the present
FIR, the applicant has been involved in 7 FIRs, the last one was
being registered in the year 2024 i.e. after 4 years of invocation
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of MCOCA against him. These FIRs pertain to murder, attempt
to murder, kidnapping, robbery, extortion etc. Hence, it appears
that even after MCOCA was invoked against him, the applicant
was not arrested and allowed to roam free, commit various
henious offences as per his will. Not only this frustrated the
mandate, object behind MCOCA but also rendered the entire
excercise futile & eye wash. This is a very serious matter and
calls for explanations of the IOs who have investigated the
present matter. Infact it is informed that the investigation is still
ongoing. Therefore, let written explanation of all the IOs of the
present matter be called, duly forwarded by the Commissioner of
Police, Delhi (and not Joint Commissioner of Police as was
called vide orders dated 18.9.2026) alongwith his comments and
they be summoned to remain present in person on the next date
of hearing of the regular matter so as to explain reason behind the
delay, not arresting the accused, which as is evident and as it is
prosecution case allowed the accused to commit various henious
offences.
Relist the matter now on 05.10.2026.
Copy of the order be given dasti.
(GAURAV RAO)
SPECIAL EXCLUSIVE COURT-13 (MCOCA)
ROUSE AVENUE COURT COMPLEX
NEW DELHI/19.9.2026
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