Interim Order 46

Order Details: COPY OF ORDER
Pdf Text: CNR No. DLNT0-007642-2025
IA No. 09/26 & IA No. 08/26 in SC No. 402/2025
STATE Vs. SHER KHAN @ SHERU
FIR No. 62/2025
PS Crime Branch-North Delhi
26.05.2026
ORDER
Vide this order, this Court shall dispose of
applications u/s 483 BNSS moved on behalf of applicant/accused
Sher Khan seeking regular bail and interim bail for a period of 4
weeks on medical grounds.
Reply to the present applications has already been
filed by the IO. IO has further filed report regarding previous
criminal involvement of the applicant/accused.
The medical status report dated 19.05.2026 of the
applicant/accused received from Sr. Medical Officer – I/C, Jail
Dispensary, CJ-01, Tihar, New Delhi through concerned Jail
Superintendent is on record.
Submissions on the present applications heard and
record perused.
So far as the interim bail is concerned, it is submitted
by the Ld. Counsel for the applicant/accused that the
applicant/accused is seeking interim bail for a period of four
weeks as he had undergone hernia surgery and now he is facing
medical issues as the surgery drain is not properly healed and is
having puss around the same due to which the applicant/accused
is facing breathing issues. It is further submitted that earlier also
the applicant/accused was granted interim bail by this Court vide
order dated 12.02.2026 and he did not misuse the liberty granted
to him and had surrendered well in time as per direction of the
Ld. Court. It is further submitted that the applicant/accused is
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ready and willing to abide by all the terms & conditions to be
imposed upon him while granting the interim bail.
So far as the regular bail is concerned, Ld. Counsel for
the applicant/accused submits that the applicant/accused is
innocent and has been falsely implicated in the present case. It is
being further submitted that the applicant/accused is the sole
bread earner of his family having wife, two minor children and
widow mother. It is being further submitted that the present
case/FIR is a counter blast to the writ petition filed by the mother
of the applicant/accused against the police officials of PS Narela.
It is being further submitted that the alleged weapon i.e. country
made pistol has also been planted upon the applicant/accused. It
is further submitted that it was the applicant/accused himself who
got injured during the incident and whereas no injury was caused
to any of the police officials. It is being further submitted that
the chargesheet has already been filed in the present case. It is
further submitted that the applicant/accused is in JC since
07.03.2025, excluding the period of interim bail, and it will take
considerably long time to conclude the trial.
It is further submitted by the Ld. Counsel for the
applicant/accused that no other similar bail applications are
pending consideration before any Superior Courts or any other
Court.
Ld. Addl. PP for the State has strongly opposed the
present applications and has prayed for their dismissal
contending that the allegations against the applicant/accused are
grave and serious in nature i.e. threatening and firing upon the
police party when they were performing their official duties. It is
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further contended that the applicant/accused had earlier obtained
interim bail by this Court vide order dated 12.02.2026 but his
application seeking extension of aforesaid interim bail was
dismissed by this Court vide order dated 12.03.2026. It is further
contended that as per the report filed by the IO, the
applicant/accused is found involved in 36 other criminal cases
including cases of Arms Act, attempt to murder, robbery, theft
etc. and there are chances of his influencing and delaying the trial
if he is enlarged on bail, either interim or regular.
I have heard Ld. Counsel for the applicant/accused,
Ld. Addl. PP for the State and have perused the record.
As per the medical status report dated 19.05.2026 of
the applicant/accused received from Sr. Medical Officer – I/C,
Jail Dispensary, CJ-01, Tihar, New Delhi, the present general
condition of the applicant/accused is stable and that he is being
provided appropriate medical support through Jail Dispensary. In
view of the said medical status report, no grounds to grant
interim bail to the applicant/accused are made out. The
application seeking interim bail is accordingly dismissed.
However, the concerned Jail Superintendent is directed to
provide suitable medical aid to the applicant/accused as per the
jail manual and its medical referral policy for the jail inmates.
As regards the regular bail application, perusal of
record reveals that the chargesheet for the offence u/s
221/132/109(1)/351 BNS and u/s 25 Arms Act has been filed
against the accused in this case. The allegations against the
applicant/accused are serious and grave in nature i.e. firing on
police officials on duty. The applicant/accused is also found
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involved in multiple criminal cases. Charges are yet to be framed
and material witnesses are to be examined. Considering the
overall facts and circumstances of the case, nature and gravity of
offence and his criminal antecedents, no ground is made out to
grant regular bail to the applicant/accused, at this stage. The
application seeking regular bail is dismissed.
It is clarified that nothing stated herein shall
tantamount to an expression of opinion on the merits of the case.
Copy of this order be given dasti to the Ld. Counsel
for the accused and to the IO and be also sent to Jail
Superintendent concerned and DLSA North, Rohini, Delhi for
information.
The present applications accordingly stand
dismissed and the same be tagged with the main file.
(PREM KUMAR BARTHWAL)
Principal District & Sessions Judge
North District/Rohini Courts/Delhi
26.05.2026 (dv)
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