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2025 DAILYLAW 39412 (DEL)

KAMAL SHARMA v. STATE OF NCT OF DELHI

BAIL APPLN./1400/2025 · 2025-05-15

Sanjeev Narula

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 $~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1400/2025 KAMAL SHARMA .....Petitioner Through: Mr. Kirti Chauhan, Mr. Deepanshu Goswami and Mr. Rohit Sahrawat, Advocates. Versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Amit Ahlawat, APP for State with Mr. Ranjit Tokas, Insp., PS- Dwarka Sec 23. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 15.05.2025 CRL.M.A. 15037/2025 (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. CRL.M.A. 15036/2025 (for early hearing) 4. For the grounds and reasons stated in the application, the same is allowed and with the consent of the Counsel for parties, the main bail application is taken up on board today itself. 5. Disposed 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 30/06/2025 at 23:53:09 p. 2 BAIL APPLN. 1400/2025 6. This is the third bail application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 20231 (erstwhile Section 483 of the Criminal Procedure Code, 19732) seeking interim bail in the proceedings arising from FIR No. 100/2022 dated 18th February, 2022, registered under Section 302 of the Indian Penal Code, 18603 at P.S. Sector 23 Dwarka. 7. As per Nominal Roll as on 25th April, 2025, the Applicant has been in custody for 2 years, 8 months and 19 days. The Applicant seeks interim bail on account of the medical condition of his spouse. The medical record annexed with the application have been verified. On 10th May, 2025, when the Applicant’s spouse was examined on OPD, the concerned doctor opined that she undergoes ‘Laparoscopic Cholecystectomy’ on the basis of her ultrasound report. However, the doctor has also opined that the patient is not having any serious illness, requiring immediate admission or any other emergency, and the operation can be planned, with only a day’s admission required in the procedure, after which the patient can be discharged. 8. As per the OPD card annexed with the Application, the doctor suggests that the laparoscopic operation be performed by 25th May, 2025. 9. The Court has considered the above facts and circumstances. The medical grounds cited in support of the present application are duly substantiated by medical records. The Applicant’s presence is crucial to manage the affairs and secure financial arrangements for the operation. 10. In light of the foregoing, the present application is allowed and the 1 “BNSS” 2 “CrPC” 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 30/06/2025 at 23:53:09 BAIL APPLN. p. 3 Applicant is directed to be released on interim bail on 23rd May, 2025, for a period of one week, on furnishing a bail bond for a sum of INR 25,000/- with one surety of the like amount, subject to the satisfaction of the concerned Trial Court/ Duty MM on the following conditions: (a) The Applicant shall surrender before the concerned Trial Court, on or before the expiry of one week from the date of releasee; (b) The Applicant shall, under no circumstance, leave the NCT of Delhi, without permission of the Trial Court, during the period of his release on interim bail; (c) The Applicant shall, during the period of his release, provide the address where he would be residing, and shall not change the address without informing the concerned IO/ SHO; (d) The Applicant shall, upon his release, give his mobile number to the concerned IO/SHO and shall keep his mobile phone switched on at all times; (e) The Applicant shall not commit any offence during the period of his release on interim bail; 11. No further extension of time shall be granted. 12. In the event of there being any FIR/DD entry/complaint lodged against the Applicant, it would be open to the State to seek redressal by filing an application seeking cancellation of bail. 13. It is clarified that any observations made in the present order are for the purpose of deciding the present bail application and should not influence the outcome of the trial and shall also not be taken as an expression of opinion on the merits of the case. 14. The bail application is allowed in the afore-mentioned terms. 3 “IPC” 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 30/06/2025 at 23:53:09 BAIL APPLN. p. 4 15. The petition is disposed of. SANJEEV NARULA, J MAY 15, 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 30/06/2025 at 23:53:09