Delhi High Court - Orders
Dharmender Kumar vs State Of Nct Delhi on 1 May, 2025
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 548/2025
DHARMENDER KUMAR .....Petitioner
Through: Mr. Chitwan Sharma, Adv.
versus
STATE OF NCT DELHI .....Respondent
Through: Mr. Tarang Srivastava, APP for
State with SI V. Ahmed, PS
Special Cell Delhi.
CORAM:
HON'BLE MS. JUSTICE SHALINDER KAUR
ORDER
% 01.05.2025 CRL.M.B.798/2025
1. The present application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of the petitioner seeking interim bail for a period four weeks in case FIR No. 168/2023 dated 23.06.2023 registered under Section 21/22/29 of the Narcotics Drugs and Psychotropic Substance Act, 1985 at Police Station Special Cell, Delhi.
2. The learned counsel for the petitioner submits that the petitioner is a permanent resident of Jharkhand. For some time, his wife had been complaining a pain in abdomen. Upon an ultrasound test conducted at Aashtha Ultrasound Centre, Gaya, Bihar, it was revealed that she has developed left ovarian complex cyst. Thereafter, she was medically examined at Anugrah Narayan Magadh Medical College BAIL APPLN. 548/2025 Page 1 of 6 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 29/06/2025 at 16:28:13 and Hospital, Gaya, Bihar, where it was confirmed that she is suffering from ovarian cyst in the left ovary. He submits that the size of the cyst has been continuously growing since then and she became a suspected case of ovarian cancer. Thus, she was medically examined a number of times and was also suggested to undergo surgery.
3. At this stage, fresh medical report filed by the petitioner is taken on record and a copy of the same has been furnished to the other side.
4. The learned counsel for the petitioner submits that the petitioner had moved the interim bail application multiple times on the same ground, however, it was dismissed twice, once by the learned Trial Court and once by this Court. He further submits that the petitioner subsequently withdrew the other application seeking interim bail moved by him, as at that time, the condition of the wife was not grave but now that she has been diagnosed with a dermoid cyst which is to be surgically removed. Therefore, now she got herself admitted in the hospital and the surgery is scheduled for 02.05.2025. He submits that being her husband, the petitioner needs to be by her side during the surgical procedure. In these circumstances, the learned counsel seeks interim bail for four weeks.
5. Mr. Tarang Srivastava, learned APP for the State while seeking dismissal of the bail application vehemently submits that noting the conduct and the medical situation of the petitioner's wife, the interim bail applications of the petitioner have been either dismissed or withdrawn multiple times. Therefore, on similar grounds, he now cannot again seek interim bail.
6. The learned APP has drawn the attention of this Court to a chart BAIL APPLN. 548/2025 Page 2 of 6 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 29/06/2025 at 16:28:13 prepared in the Status report, handed over today in the Court, and submits that as many as 10 applications moved on behalf of the petitioner have been either withdrawn or dismissed. He submits that, in view of the fact that the ground for seeking interim bail remains the same, the present application be also dismissed.
7. Heard the learned counsels for the parties and perused the record. The status report is taken on record.
8. Undoubtedly, the first interim bail application moved on behalf of the petitioner submitting that the wife of the petitioner had to under surgery for ovarian cyst was dismissed vide order dated 18.01.2024 by the learned Trial Court. Thereafter, his interim bail application was dismissed by this Court on 29.01.2024. His successive interim bail applications on the same ground were withdrawn on 14.05.2024, 04.06.2024, 18.06.2024, 08.08.2024, 22.01.2025, 12.03.2025 and 04.04.2025.
9. The learned counsel for the petitioner submits that as earlier it was not clear whether petitioner's wife was suffering from dermoid cyst or not, therefore, the previous applications came to be withdrawn. Moreso, there is now a change in circumstances as the cyst has been diagnosed to be dermoid and it is growing in size over a period of time and has been causing lot of pain to the petitioner's wife, therefore, she has decided to undergo surgery.
10. The status report dated 27.02.2025 filed on behalf of the State has been perused, wherein it has been stated that the wife of the petitioner was diagnosed with complex left ovarian cyst based on ultrasound findings. However, at that time, no surgery was scheduled BAIL APPLN. 548/2025 Page 3 of 6 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 29/06/2025 at 16:28:13 and her admission in the hospital was needed on 17.02.2025 for further investigation, but she did not get herself admitted in the hospital.
11. It is also reported that further treatment of the patient would be planned only after all the investigations were carried out. Further, the investigation was also to be conducted to determine if the cyst was a dermoid cyst and in that case the surgery would be a major surgery.
12. The report also records that the wife of the petitioner could be discharged from the hospital after a week of surgery and could resume her routine daily schedule after two weeks of the surgery. The report furnished today further records that the wife of the petitioner had been experiencing abdomen pain and has been admitted for removal of a dermoid cyst and the surgery is to take place on 02.05.2025.
13. Apart from hearing the arguments and perusing the status report, the Nominal Roll of the petitioner has also been considered. The petitioner was earlier also released on interim bail on 12.09.2024 and his overall jail conduct is stated to be 'Satisfactory'.
14. The learned counsel for the petitioner submits that the petitioner had surrendered in time as per directions of the Court and did not misuse the benefit of the interim bail granted to him.
15. In view of the above, the petitioner is admitted to interim bail on furnishing a personal bond in the sum of Rs. 50,000/- with one surety in the like amount, for the period of three weeks from the date of his release, to the satisfaction of learned Trial Court / CMM / Duty Magistrate, subject to the following conditions: -
i. The Petitioner shall not leave India without prior BAIL APPLN. 548/2025 Page 4 of 6 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 29/06/2025 at 16:28:13 permission of the learned Trial Court.
ii. The Petitioner is directed to give all his mobile numbers and the addresses on which he will be available during surgery and post surgery of his wife to the Investigating Officer and keep it operational at all times.
iii. The Petitioner shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or other person acquainted with the facts of case. The Petitioner shall not tamper with evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial. iv. The Petitioner will mark his presence physically every Monday, Wednesday and Friday between 4 PM to 6 PM before the local Police Station in Gaya, Bihar where his wife is to be operated and thereafter, in the local police station of his residence after his wife's operation. In addition thereto, the petitioner would video call the Investigating Officer in Delhi every day between 4 PM to 6 PM.
v. The Petitioner shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change of residential address. vi. The Petitioner shall appear before the learned Trial Court as and when the matter is taken up for hearing.BAIL APPLN. 548/2025 Page 5 of 6
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 29/06/2025 at 16:28:13 vii. The petitioner shall surrender before the concerned Jail Superintendent after the expiry of his interim bail and shall not seek extension of bail on the same ground.
16. The petitioner shall furnish in this Court, the medical reports and discharge summary of petitioner's wife before the next date of hearing.
17. Needless to state, any observation made hereinabove shall not tantamount to be an expression on the merits of the case before the learned Trial Court and has been made for the consideration of the present interim bail application alone in the prevailing circumstances.
18. Copy of the Order be sent to the concerned Jail Superintendent.
19. Accordingly, the present application is disposed of.
BAIL APPLN. 548/202520. The learned APP submits that since the interim bail application of the petitioner has been disposed of today, the regular bail be heard after the petitioner surrenders before the concerned Jail Superintendent.
21. List on 23.07.2025.
SHALINDER KAUR, J MAY 1, 2025/SU/SK Click here to check corrigendum, if any BAIL APPLN. 548/2025 Page 6 of 6 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 29/06/2025 at 16:28:13