Interim Order 30

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF MS. BABITA PUNIYA, ASJ-03
EAST DISTRICT, KARKARDUMA COURTS, DELHI
SC No. 01/2025
FIR No. 414/2024
State Vs. Amit @ Poli & Ors.
PS Kalyanpuri
U/s 103(1)/238(a)/249(a)/61(2)/3(5) BNS
&
Sec. 25/27 Arms Act
01.09.2026
Pr:- Sh. Sobit, learned Addl. PP for State.
Complainant in person.
Sh. S. P. S. Yadav, learned counsel for complainant.
Sh. Tarun Kumar Sharma, learned counsel for
applicant/accused Rohit @ Apple.
Deputed IO/SI Bharat Singh in person.
Arguments heard. File perused.
Put up at 05:00 pm for orders.
(Babita Puniya)
ASJ-03, East District
KKD Courts, Delhi: 01.09.2026
FIR No. 414/2024 Page No. 1 of 5
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IN THE COURT OF MS. BABITA PUNIYA, ASJ-03
EAST DISTRICT, KARKARDUMA COURTS, DELHI
SC No. 01/2025
FIR No. 414/2024
State Vs. Amit @ Poli & Ors.
PS Kalyanpuri
U/s 103(1)/238(a)/249(a)/61(2)/3(5) BNS
&
Sec. 25/27 Arms Act
01.09.2026
Pr:- None.
ORDER:
1. Vide this order, I shall decide the application of the
accused/applicant,
Rohit @ Apple, seeking extension of interim
bail on medical grounds.
2. It is pertinent to note that vide order dated 01.07.2026, the
regular bail application filed by the applicant/accused
Rohit @
Apple was dismissed as withdrawn by the learned predecessor
Judge.
3. Thereafter, applicant/accused was granted interim bail by
the learned predecessor Judge vide order dated 25.07.2026 for a
period of 15 days on the ground of critical medical condition,
which was subsequently extended till 17.08.2026, with a
direction to the IO to verify the medical documents filed on
record. However, no report was filed by the IO on that day.
Consequently, the protection was extended till the NDOH.
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4. Now, IO has filed his report along with the verification
received from DDU Hospital, as per which the applicant/accused
was a case of swallowing of a foreign body, underwent surgery
for its removal, and hospital records show he had recovered and
was discharged.
5. It has further come on record, from the OPD registration
card of DDU Hospital dated 21.08.2026, filed by the
accused/applicant, that the applicant/accused thereafter attended
the OPD of the Department of Surgery with complaints of lower
abdominal pain and loose stools, whereupon the wound was
cleaned and dressed and medication was prescribed for a period
of 5 days.
6. It is significant that the applicant/accused was seen and
treated purely on an OPD basis and did not require any
admission or in-patient treatment. The nature of the treatment
extended i.e., wound dressing and a course of oral medication, is
such that it does not warrant the applicant/accused remaining out
of custody. OPD consultation, dressing, and administration of
prescribed medication are facilities that can be availed by the
applicant/accused as a jail inmate, and appropriate medical
escort/referral can be arranged by the jail authorities for this
purpose as and when required.
7. It is further noted that the offences alleged against the
applicant/accused are serious and grave in nature, involving
provisions of the Arms Act read with Sections 103(1), 61(2) and
3(5) of the BNS.
FIR No. 414/2024 Page No. 3 of 5
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8. Having regard to the above, this Court is of the view that
the medical condition of the applicant/accused, being one
requiring only OPD-level care that can be adequately provided
through jail medical facilities, does not justify continuation of
interim bail. No case for further extension is made out. The
application seeking extension of interim bail is accordingly
dismissed.
9. The applicant/accused
Rohit @ Apple is directed to
surrender before the concerned Jail Superintendent on
02.09.2026 by 10:00 AM. The Jail Superintendent shall ensure
that the applicant/accused is provided appropriate medical
follow-up/OPD care, including wound review and continuation
of medication as advised, through the jail dispensary/referral
hospital, as per rules.
10. Copy of this order be sent to the IO/SHO, PS Kalyanpuri,
and to the Jail Superintendent concerned, for information and
compliance.
11. Order dasti to learned counsel for the applicant.
12. In compliance of directions of Hon'ble Supreme Court in
case titled 'In Re: Policy Strategy for Grant of Bail', Writ Petition
(Crl.) No. 04/2021 dated 31.01.2023, copy of this order be sent to
applicant through concerned Jail Superintendent for information.
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13. As per practice direction of Hon'ble Delhi High Court vide
circular number 124/Rules/DHC dated 10.12.2024 and pursuant
to judgment of Hon'ble Supreme Court of India dated 23.10.2024
in Suhas Chakma Vs Union of Indie WP (c) 1082/2020 along
with the copy of dismissal order of bail application a cover sheet
informing the accused about availability of free legal aid facility
for pursuing higher remedies bearing contact address and phone
number of Legal Service Authority/Committee attached to the
court for seeking appropriate guidance is to be appended. In
charge Bail Section East District is directed to ensure compliance
of the said practice direction while supplying copy of this order
to the applicant/accused/his counsel.
“If you require legal representation and are unable to
afford it, free legal aid services are available to you
under the provisions of Article 39-A of the
Constitution of India and the Legal Services
Authorities Act, 1987. You may approach East District
Legal Services Authority for assistance”
14. Pamphlet issued by DLSA, East regarding the rights of the
accused is annexed with the order.
(Babita Puniya)
ASJ-03, East District
KKD Courts, Delhi: 01.09.2026
FIR No. 414/2024 Page No. 5 of 5
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