Delhi High Court - Orders
Neeraj Kumar vs State Nct Of Delhi on 16 January, 2026
Author: Prateek Jalan
Bench: Prateek Jalan
$~78
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 190/2026
NEERAJ KUMAR .....Petitioner
Through: Dr. Alok, Mr. Mayank Deswal,
Mr. Aryan Verma & Mr. Shivam,
Advocates.
versus
STATE NCT OF DELHI .....Respondent
Through: Ms. Priyanka Dalal, APP for State
with Insp. Dinesh Kumar, PS
Punjabi Bagh.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 16.01.2026 CRL.M.A. 1560/2026 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
BAIL APPLN. 190/2026 & CRL.M.A. 1559/2026 (for stay on surrender of the applicant/accused)
1. The application has been filed under Section 480 of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973), seeking interim bail in connection with FIR No. 652/2025 registered under Section 103(1) of the Bhartiya Nyaya Sanhita, 2023, and Sections 25/27 of Arms Act, 1959, at Police Station Punjabi Bagh, Delhi, for a period of 8 weeks on the ground of medical treatment.
BAIL APPLN. 190/2026 Page 1 of 4This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/01/2026 at 20:48:46
2. The allegation against the petitioner in the said FIR concerns an incident of firing which took place on 15.11.2025 causing the death of one person and injury to himself. He was arrested on 21.11.2025. On 18.12.2025, the Sessions Court granted him interim bail on medical grounds, on the submission that he had suffered a gunshot injury in his chest on the date of accident and was suffering from Pulmonary Tuberculosis. The petitioner had also submitted that he was suffering from chronic pain, restricted mobility and internal complications, and that his immune system has been compromised.
3. The State thereafter moved an application seeking cancellation of the interim bail granted. A copy of the application is handed over in Court is taken on record. The grounds mentioned therein were as follows:
"11. That I did not receive any interim bail application, nor was any prior information or intimation ever provided to me regarding the filing of such interim bail application by the accused Neeraj Kumar. Consequently, I, being the Investigating Officer, could not place on record any reply or status report before this Hon'ble Court concerning the progress of the investigation, nor could I make any submissions as to whether the grant of such interim bail was appropriate or not in the facts and circumstances of the present case at this stage.
12. That Grounds for cancellation of interim bail of accused Neeraj Kumar:
(a) That police custody remand of the accused is required in the present case, which has not yet been taken due to the medical condition of accused Neeraj Kumar.
(b) That the accused may tamper with the evidence of the case.
(c) That the accused may influence or threaten the witnesses of the case.4. That the accused is residing in rented accommodation.
(d) That the accused is residing in rented accommodation.
(e) That the offence alleged against the accused is serious in nature and has grave implications for society at large.
(f) That the accused may misuse the liberty granted by the Hon'ble Court.
(g) That the investigation is at a crucial and initial stage."BAIL APPLN. 190/2026 Page 2 of 4
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/01/2026 at 20:48:46
4. By an order dated 14.01.2026, the Sessions Court has rejected the contention of the State that it was not served with a copy of the application seeking interim bail. Ultimately, the Sessions Court treated the cancellation of bail application, as one for modification, and has curtailed the period of bail to four weeks, with the following observations:
"It is settled law that this court has a larger duty towards the cause of justice which warrants that the liberty of the accused is to be protected while balancing it with the rights of the investigating agency. In the present case, since the investigation has not commenced at all for the medical health condition of the accused and the fact that he has been admitted to interim bail on medical ground for a period of eight weeks, commencing from 18.12.2025, which would eat up the major portion of the days on which IO may apply for grant of police custody remand of accused Neeraj. In the present scenario it is the right of the investigating agency which are being affected. Pertinently, accused Neeraj is no longer wheelchair bound.
Thus, considering the totality of facts and circumstances and also considering the medical status report of accused Neeraj this court is of the considered opinion that the medical condition of the accused can very well managed while his remaining in the custody. Hence, this court is inclined to allow the instant application by modifying the condition no. 6 of the order dated 18.12.2025 passed by this court to the effect that accused Neeraj shall surrender before the concerned Jail Superintendent on 16.01.2026 instead on 18.02.2026. The rest of the conditions as imposed upon accused Neeraj vide abovesaid order shall remain unchanged. Needless to say the accused Neeraj shall join the investigation as and when directed to do so by the court concerned or the IO.
Furthermore, it goes without saying that the concerned Jail Superintendent is under obligation to provide to all the due medical care and attention to the accused Neeraj as per his condition."
The Sessions Court has also noted that the period of interim bail originally granted, would result in curtailment of the period available for police custody.
BAIL APPLN. 190/2026 Page 3 of 4This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/01/2026 at 20:48:46
5. Dr. Alok, learned counsel for the petitioner, submits that the reasoning adopted by the Sessions Court is erroneous. An application for cancellation of the bail has been treated as one for modification, and the modification has been permitted inter alia on the ground that his medical condition has improved. It is submitted that the very purpose of granting medical bail is to give the accused an opportunity for recovery, and if the period is to be curtailed in these circumstances, it would be counter- productive. He further emphasised that there is no allegation of misuse of liberty granted, or presentation of any incorrect fact before the Court at the time of granting bail.
6. Issue notice. Ms. Priyanka Dalal, learned Additional Public Prosecutor, accepts notice on behalf of the State, and seeks time to verify the facts. The Investigating Officer is directed to inform the victims/their families of the next date of hearing.
7. For the present, having regard to the fact that the petitioner was granted interim bail for period of eight weeks on 18.12.2025, it is directed that he will continue to be enlarged on bail until further orders, on the same terms and conditions as provided in the order dated 18.12.2025.
8. List on 23.01.2026.
9. A copy of the order be sent to the concerned Jail Superintendent for compliance.
10. A copy of the order be given dasti under the signature of the Court Master.
PRATEEK JALAN, J JANUARY 16, 2026/'pv'/AD/ BAIL APPLN. 190/2026 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/01/2026 at 20:48:46