BAIL APPLN./2579/2026 of ASGAR ALI Vs STATE OF NCT OF DELHI on 10 July 2026

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10.07.2026 CRL.M.A. 19795/2026 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. BAIL APPLN. 2579/2026

1. By way of this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks interim bail in connection with FIR No. 208/2025 dated 15.05.2025, registered at Police Station Paschim Vihar West, Outer District, Delhi, under Sections 109(1), 118(2), 351(3), 61(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, in order to attend to his wife, who is scheduled to undergo a surgery for the removal of her gallbladder on 15.07.2026.

2. The medical documents have been verified by the Investigating Officer [“IO”]. It is stated therein that the petitioner’s wife is to be admitted in the hospital on 14.07.2026, and the surgery is scheduled for 15.07.2026.

3. The Sessions Court has declined the request vide order dated 03.07.2026, principally on the ground that charges are yet to be framed, giving rise to an apprehension of tampering with the evidence and influencing witnesses, and that there are sufficient number of other family members, who can take care of the petitioner’s wife.

4. Having heard Mr. Aprajit Singh, learned counsel for the petitioner, and Mr. Tarang Srivastava, learned Additional Public Prosecutor for the State, I am of the view that the request for a short period of interim bail to attend to the petitioner’s spouse, at the time of surgery, is not unreasonable. Applications of this nature have to be considered on humanitarian basis. The prosecution’s apprehension, with regard to interference with evidence can, in my view, be mitigated by imposition of strict conditions.

5. For the aforesaid reasons, it is directed that the petitioner will be released on interim bail in connection with FIR No. 208/2025 dated 15.05.2025, registered at Police Station Paschim Vihar West, Outer District, Delhi, from 14.07.2025 to 18.07.2026, subject to furnishing a personal bond in the sum of Rs. 25,000/-, with two sureties in the like amount, to the satisfaction of the concerned Jail Superintendent/Duty Magistrate, and subject to the following further conditions:

a. The petitioner shall furnish his mobile number to the IO, and shall keep the said mobile phone running and always switched on. The mobile number shall not be changed or switched off without prior intimation to the IO.

b. The petitioner shall give his residential address to the IO, and shall not change his residential address, without prior intimation to the IO.

c. The petitioner shall not, directly or indirectly, tamper with the evidence and shall not contact the family members of the deceased, or any of the prosecution witnesses.

d. The medical documents, which demonstrate that the surgery has taken place on 15.07.2026, shall be furnished to the IO by 17.07.2026.

e. The petitioner shall surrender on or before 18.07.2026 at 5:00 PM.

f. The petitioner shall not commit any offence during the period of his release.

6. The application stands disposed of in terms of the aforesaid.

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

8. A copy of the order be also given dasti under the signature of the Court Master. PRATEEK JALAN, J JULY 10, 2026 SS/AN/