Interim Order 52

Order Details: COPY OF ORDER
Pdf Text: 35 IA/16/2025
SC 38/2023
FIR NO.174/2022
PS CRIME BRANCH
STATE V/S SANJAY
05.01.2026
This is an application under Section 483 BNSS for grant of interim bail for
a period of 30 days moved on behalf of accused/applicant Sanjay.
Present: Sh. Sanjay Jindal, Ld. Substitute Addl. PP for the State.
Ms. Malvika Kulkarni, Ld. Counsel for the applicant/accused.
IO ASI Sumit is present.
Present interim bail application is filed by the applicant in the
instant FIR No.174/2022 registered under Section 20/25/29 NDPS Act at
PS Crime Branch (North).
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT SANJAY
1. It is argued on behalf of accused/applicant that present
applicant/accused was arrested on 17.08.2022 along with co-accused
persons, wherein, investigation is complete as charge sheet has been filed
and matter is at the stage of prosecution evidence. It is further argued that
present interim bail application has been filed on the ground of serious
medical condition of the father of the applicant/accused, who is hospitalized
at Burari Hospital since 18.12.2025 and needs further medical care. Ld.
Counsel for the applicant further argues that on three previous occasions,
interims bail were granted to the applicant. It is further argued that on the
ground of surgery of his wife, he was granted interim bail vide order dated
02.11.2023 for a period of three weeks and again interim bail application
was granted by the Hon’ble High Court of Delhi vide order dated
20.12.2024 till the NDOH i.e. 15.01.2025 and vide order dated 02.06.2025
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passed by the Hon’ble High Court of Delhi on the ground of medical
condition of the wife of the applicant for a period of 30 days. Ld. Counsel
for the applicant has fairly admitted that applicant is also involved in other
FIR bearing no.487/2018 registered at PS Swaroop Nagar under Section
323/354/354B/452/34 IPC, however, accused is on bail in that matter.
Hence, it is prayed that accused/applicant may be released on interim bail
for 30 days as she is ready to abide with any condition imposed by the court.
ARGUMENTS ON BEHALF OF STATE
2. Per contra, Ld. Addl. PP for the State assisted by the IO has
vehemently opposed the application submitting that other family members
can also take care of his father.
3. Submissions heard. Record perused.
4. IO has filed verification report qua treatment documents of
father of accused/applicant, whereby, the factum of hospitalization of the
father of the applicant has been verified and medical documents qua the
father of the applicant is annexed with the application.
FINDINGS/CONCLUSION
5. The present application is filed on the ground of medical
condition of the father of the applicant, who needs immediately medical
attention and financial assistance is also required for the purpose of medical
condition of the applicant’s father. The said fact is verified by the IO that
applicant’s father is hospitalized in Government Hospital since 18.12.2025.
Considering the previous conduct of accused/applicant being satisfactory
and he had surrendered in time when he was released on interim bail, I deem
it appropriate to grant interim bail to accused/applicant on humanitarian
ground. Hence, accused/applicant Sanjay is admitted to interim bail for
three weeks from the date of his release subject to furnishing personal bond
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to the tune of Rs. 1,00,000/- with one surety in the like amount on following
conditions:
(I) That the applicant/accused will supply all his mobile
number to the I.O of the case;
(II) That the mobile numbers should be always working
for 24 hours;
(III) That he will not leave Delhi without prior permission
of the Court;
(IV) That he will not commit any crime/offence or anti
social activity during the trial of the case;
(V) That he will not threaten of the witnesses or tamper
with the prosecution evidence; and
(VI) After completion of period of interim bail, the
accused-applicant shall surrender before the Jail Authorities.
(VII) In case of any future criminal involvement, the interim
bail shall not be extended.
6. It is hereby clarified that interim bail of accused/applicant
shall not be extended in any case. The application stands disposed of
accordingly.
A copy of this order be sent to the Jail Superintendent
concerned for further communication to the accused/applicant. Copy of this
order be also forwarded to Jail Superintendent concerned through E-Mail.
Copy of this order be given Dasti, as prayed for.
Harvinder Singh Johal
Spl. Judge(NDPS)/ASJ
North Distt., Rohini Courts,
Delhi/05.01.2026
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