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Neeraj Sehrawat@ Bawania vs State Of Nct Of Delhi on 3 July, 2025

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~55
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         BAIL APPLN. 2335/2025
                                    NEERAJ SEHRAWAT@ BAWANIA                                                               .....Petitioner
                                                                  Through:            Mr. N. Hariharan, Senior Advocate
                                                                                      with Mr. Siddharth S. Yadav,
                                                                                      Mr. Gagan Bhatnagar, Mr. Rahul
                                                                                      Sambher, Mr. Kashish Ahuja,
                                                                                      Mr. Ayush Kumar Singh, Ms. Senha
                                                                                      Bakshiram, Mr. Rahul Yadav,
                                                                                      Ms. Punya Rekha Angara, Mr. Aman
                                                                                      Akhktar, Ms. Sana Singh,
                                                                                      Mr. Vinayak Gautam, Ms. Vasundhra
                                                                                      N. and Mr. Vijay Mathur, Advocates.

                                                                  versus

                                    STATE OF NCT OF DELHI                                                 .....Respondent
                                                  Through:                            Mr. Tarang Srivastava, APP for State.

                                    CORAM:
                                    HON'BLE MR. JUSTICE SANJEEV NARULA
                                               ORDER

% 03.07.2025 CRL.M.A. 18599/2025 (for exemption)

1. Exemption is granted, subject to all just exceptions.

2. The Applicant shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

3. Accordingly, the application stands disposed of.

4. The present application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 439 of the Code of 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 04/07/2025 at 22:16:49 Criminal Procedure, 1973) seeks interim bail for a period of 6 weeks on account of the medical condition of the Petitioner's spouse. The Petitioner is in custody in relation to FIR No. 1683/2015 dated 25th August, 2015, registered under Sections 302/120B/34 of the Indian Penal Code, 1860, at P.S. Mangolpuri.

5. Mr. N. Hariharan, Senior Counsel for the Petitioner submits that, although this Court granted custody parole to the Petitioner to meet his spouse by order dated 30th June, 2025,1 the same does not redress the Petitioner's concern as he is required to make financial arrangements for her ongoing treatment. It is further submitted that the Petitioner does not have any family members who can provide support and assistance to the Petitioner's wife. He highlights that the medical condition of the Petitioner's wife has been verified in the status report dated 28th June, 2025 which discloses a possible need for surgery and consequent post-operative care.

6. On the other hand, Mr. Tarang Srivastava, APP for State, emphasizes that the Petitioner has multiple criminal antecedents and is a high-risk undertrial and states that he would like to file a Conviction/Involvement Report before the Court showcasing his criminal antecedents.

7. At this juncture, Mr. Hariharan apprises the Court of the Previous Conviction/Involvement Report that has already been filed by the State. This report indicates that the Petitioner has been allegedly involved in 28 cases as detailed below:

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 04/07/2025 at 22:16:49

8. Mr. Hariharan states that the afore-noted report is erroneous as in case mentioned at serial No. 14, the Petitioner has been released from police custody, as is evident from order dated 26th May, 2024, passed by the Duty Metropolitan Magistrate. Even in the other cases where the Petitioner is 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 04/07/2025 at 22:16:49 shown to be in judicial custody, he has been in fact acquitted, discharged or released on bail. He further submits that his current custody is only in respect of the present ongoing trial wherein he has already spent nearly 10 years in incarceration. Mr. N. Hariharan emphasizes that such an erroneous report creates prejudice in the mind of the Court, as it may lead to an inaccurate perception of the Petitioner's antecedents.

9. Having regard to the above, the State is directed to file a fresh status report, confirming the criminal antecedents of the Petitioner. Additionally, an affidavit shall also be filed explaining why the previous report filed before the Court, was not updated.

10. List on 9th July, 2025.

SANJEEV NARULA, J JULY 3, 2025 nk 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 04/07/2025 at 22:16:49