Full Text
HIGH COURT OF DELHI
Date of Decision: 28.07.2026
ANIL KUMAR SINGH .....Petitioner
Through: Mr. N. Hariharan, Sr. Advocate (through videoconferencing) with Mr. Lokesh Kumar, Mr. Sanjay Choudhary, Mr. Siddharth Yadav, Mr. Ayush Kr. Singh, Ms. Kashish Ahuja, Ms. Punya Rekha Angara, Mr. Arjan Mandla, Mr. Aman Akhtar, Ms. Vasundhara Raj Tyagi and Mr. Khuranshu Nagpal, Advocates.
Through: Mr. Amit Ahlawat, APP for State with IO/Inspector Sudhir Kumar, PS
Chhawla.
JUDGMENT
1. The accused/applicant seeks interim bail on the ground of impending surgery of his mother, in case FIR No. 121/2025 of Police Station Chhawla for offence under Section 103(1)/238(b)/ 61(2)/3(5) of BNS.
2. In furtherance of last order, learned APP assisted by Investigating Date: 2026.07.28 14:31:21 +05'30' Officer/Inspector Sudhir Kumar has submitted status report along with medical record of mother of the accused/applicant which are accepted across the board to be made a part of the record. The medical record filed today consists of pathological investigation reports and the report that mother of the accused/applicant was discharged on 25.07.2026 in stable condition. Further, according to the said record, the knee replacement surgery of mother of the accused/applicant has now been scheduled for 04.08.2026 for which she has to get admitted on 03.08.2026.
3. The medical records filed by the Investigating Officer today do not include radiological reports. Learned counsel for accused/applicant has produced radiological reports of mother of the accused/applicant across the board, according to which mother of the accused/applicant is suffering with Osteoarthritis and has to undergo knee replacement. Learned counsel for accused/applicant has also shown me her x-ray film dated 25.07.2026.
4. Going by the aforesaid, it is clear that the mother of the accused/applicant is suffering with ailment for which she has to be operated upon. The only reluctance on the part of the prosecution is that if the accused/applicant is released on interim bail, he will again not take his mother for surgery and will seek evergreening the interim liberty. On this aspect, learned senior counsel for accused/applicant, on instructions, assures that if on 04.08.2026 surgery of mother of the accused/applicant gets deferred, he shall immediately surrender on that day itself. Date: 2026.07.28 14:31:51 +05'30'
5. In view of the above assurance, learned APP on instructions of the Investigating Officer submits that he has no objection if this interim bail application is allowed with a cautious rider to the accused/applicant not to discuss the trial with his younger son, who has to depose as a witness of prosecution on 08.08.2026.
6. Under these circumstances, with consent, this interim bail application is allowed, directing release of the accused/applicant on interim bail for a period of 15 days from today subject to the accused/applicant furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the trial court; and also with the strict condition that in case surgery of mother of the accused/applicant gets deferred, the accused/applicant shall surrender before the trial court on 04.08.2026 itself and during the period of interim bail, the accused/applicant shall not, at all, discuss about the pending trial with his younger son.
7. Copy of this order be sent to the concerned Jail Superintendent for being conveyed to the accused/applicant.
GIRISH KATHPALIA (JUDGE) JULY 28, 2026