BAIL APPLN./2732/2026 of RAJESH DAWAR @ RAJEEV @ RASHID KHAN Vs STATE OF NCT OF DELHI on 30 September 2026

O R D E R

% 30.09.2026

1. This hearing has been conducted through hybrid mode.

2. The present application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [hereinafter referred to as ‘BNSS’], seeking grant of regular bail to the applicant in FIR No. 259/2017, registered at Police Station Malviya Nagar, South District, Delhi, initially under Section 395 of the Indian Penal Code, 1860 [hereinafter referred to as ‘IPC’] and Sections 25/54/59 of the Arms Act, 1959. Upon completion of investigation, the charge-sheet came to be filed under Sections 395, 412 and Section 120B IPC along with Sections 25, 54 and Section 59 of the Arms Act, 1959.

3. According to the prosecution, on 10.07.2017, the complainant and his three associates went to Panchsheel Vihar in connection with a proposed property transaction, carrying ₹52.50 lakh in cash. It is alleged that certain persons, some of whom displayed pistols and claimed to be police officials, threatened the complainant and his associates and took away the said amount.

The applicant was declared a proclaimed offender [PO] on 07.10.2017 and was apprehended on 26.04.2026, whereafter he has remained in judicial custody.

4. The Medical Status Report called for from the jail has been received. The same records that the applicant is a diagnosed case of “Hypertension / CVA / right-sided hemiparesis”, with complaints of “right-sided weakness and deformity”. He was examined at the Department of Medicine, DDU Hospital, and was also referred to Safdarjung Hospital for neurological evaluation. The report further records that the applicant is largely wheelchair- bound and requires assistance for his day-to-day activities.

5. Learned counsel for the applicant submits that the medical condition of the applicant is serious as he is suffering from right side paralysis.

6. Learned APP for the State submits that the applicant is being provided the requisite medical treatment in jail. It is further submitted that, having regard to the nature of the allegations, which include an offence punishable under Section 395 IPC, the applicant is not entitled to be released on bail.

7. Heard, both the parties and perused the material placed on record.

8. The applicant has no prior criminal antecedents and even though, the applicant had been declared a proclaimed offender and was subsequently apprehended, the fact remains that he is presently suffering from right-sided hemiparesis, accompanied by right-sided weakness and deformity.

9. Keeping in view the facts and circumstances of the case, the applicant is directed to be released on regular bail on furnishing a bail bond to the sum of Rs. 25,000/- with a surety of the like amount, to the satisfaction of the concerned learned Trial Court, subject to the following conditions:

i. The applicant shall not leave India without prior permission of the learned Trial Court. ii. The applicant shall intimate to the concerned learned Trial Court by way of an affidavit and to the concerned Investigating Officer [IO] regarding any change in his residential address. iii. The applicant shall appear before the concerned learned Trial Court as and when the matter is taken up for hearing. iv. The applicant shall provide his mobile number to the concerned IO and he shall keep it operational at all times. v. The applicant shall not, directly or indirectly, tamper with any evidence or try to influence any witness in any manner whatsoever.

10. The present bail application is therefore, allowed and accordingly, disposed of.

11. Pending application[s], if any, also stand[s] disposed of.

12. A copy of this order be sent to the concerned Jail Superintendent for necessary information and compliance.

13. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 30, 2026/prg/PG