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HIGH COURT OF DELHI
Date of Decision: 09.04.2026
KANAHAIYA JHA .....Petitioner
Through: Mr. R. D. Singh, Advocate (through videoconferencing).
Through: Mr. Hemant Mehla, APP for State with SI Gopal Saini, PS Burari.
JUDGMENT
1. The accused/applicant seeks interim bail for 8 weeks in case FIR NO. 840/2025 of PS Burari for offence under Section 309(4)/309(6)/311/317(2)/ 238(b)/3(5) BNS.
2. Broadly speaking, the allegation against the accused/applicant is of mobile phone snatching. The interim bail is sought by the accused/applicant on the ground that his wife is pregnant for more than eight months and both the accused/applicant and his wife are HIV+.
3. Learned counsel for accused/applicant submits that the expected delivery date was 02.04.2026 but today itself he came to know that now wife of the accused/applicant has to get herself admitted in the hospital for delivery on 10.04.2026.
4. Learned APP assisted by IO/SI Gopal Saini, fairly submits that keeping in mind the above circumstances, the accused/applicant can be granted bail but he must be warned not to try to contact any of the prosecution witnesses.
5. Considering the above circumstances, the present interim bail application is allowed and for a period of 8 weeks from today, the accused/applicant is directed to be released on interim bail subject to his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the Trial Court.
6. The accused/applicant is warned not to contact any of the prosecution witnesses in any manner whatsoever, failing which appropriate consequences shall follow.
7. A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.
8. Accompanying application also stands disposed of.
GIRISH KATHPALIA (JUDGE) APRIL 9, 2026