Interim Order 50

Order Details: COPY OF ORDER
Pdf Text: 48 IA/17/2026
SC 507/2024
PS CRIME BRANCH
FIR NO. 120/2024
STATE V/S RAFAT HUSSAIN
12.02.2026
This is an application under Section 483 BNSS for grant of interim bail
for a period of six weeks moved on behalf of accused/applicant Rafat
Hussain.
Present: Mr. Gurdault Singh Sidhu, Ld. Addl. PP for the State.
Ld. Counsel for the applicant/accused.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1. It is argued on behalf of accused/applicant that he is
falsely implicated in the present case, sole bread earner of his family and
is in JC since 29.07.2024. The charge sheet has already been filed. It is
further submitted that wife of the applicant/accused is suffering from
severe spinal ailments and is advised urgent surgical intervention. It is
further argued that she has been under continuous medical treatment and
as per the medical documents issued by Max Super Speciality Hospital,
Saket and Alpha MRI & Diagnostics and she has been diagnosed with
severe degenerative changes of the lumbosacral spine. It is further
argued that due to the afore-said condition, the treating Neurosurgeon,
Max Hospital, has specifically advised surgical intervention, namely L2-
SI laminectomy and decompression along with L2-S1 fusion and TLIF,
and the surgery has been scheduled for 12th february. It is further argued
that no one is available for taking care of his ailing wife, hence, it is
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prayed that accused/applicant may be released on interim bail for six
weeks as he 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 has vehemently
opposed the application stating that applicant/accused has been arrested
along with recovery of commercial quantity of the contraband i.e. 275
grams of heroin/smack, hence, there is bar of Section 37 of NDPS Act.
It is further argued that one application seeking regular bail is pending
before the Hon’ble High Court of Delhi, therefore, present application is
not maintainable. It is further argued that operation was of the applicant’s
wife was scheduled on 12.02.2026 i.e. today, for which, she had to admit
one day prior i.e. on 11.02.2026 but she failed to be admitted. The
applicant is having criminal antecedent being involved in numerous
criminal matters. The main source of the contraband is yet to be effected.
It is further argued that there is every likelihood of his fleeing from
justice, in case, application is released on interim bail. The allegations
levelled against the applicant are serious in nature, therefore, it is prayed
that present interim bail application may be dismissed.
FINDINGS/CONCLUSION
3. Considering the fact that allegations levelled against the
applicant/accused are serious in nature as he has been arrested with
commercial quantity of the contraband. He is involved in multiple cases
and there is every likelihood of repetition of offence and to threat the
prosecution witnesses, if he is released on interim bail. The copies of the
medical documents qua the wife of the applicant/accused furnished by
the Ld. Counsel for the applicant/accused do not inspire any confidence
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in favour of the applicant/accused. Moreover, since regular bail
application is pending before the Hon’ble High Court of Delhi and
keeping hierarchy of courts in mind, this court is not inclined to allow
the present application. Moreover, applicant’s wife has not been admitted
on 11.02.2026 as per his submission, does not inspire confidence. Hence,
this court is not inclined to grant interim bail to the applicant/accused
Rafat Hussain. Accordingly, present application seeking interim bail
stands dismissed accordingly.
4. Nothing in this order shall tantamount to an expression of
opinion on the merits of the case during trial.
5. Pursuant to directions issued by Hon’ble Supreme Court of
India in SMWP (Criminal) No. 4/2021 titled as In Re Policy Strategy for
Grant of Bail as well as in compliance of judgment titled as Ajay Verma
Vs. State, copy of this order be sent to Jail Superintendent 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/12.02.2026
(j)
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