HEMU @ MUKESH @ GUJJAR v. THE STATE (N.C.T. OF DELHI)
BAIL APPLN./1496/2026 · 2026-07-27
Purushaindra Kumar Kaurav
body2026
DailyLaw.ai
[ 2026 DAILYLAW 13677 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13677 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1496/2026 & CRL.M.A. 11868/2026 HEMU @ MUKESH @ GUJJAR
.....Petitioner Through: Mr. Rahul Thakur, Advocate. versus THE STATE (N.C.T. OF DELHI)
.....Respondent Through: Mr. Shoaib Haider, APP. CORAM:
HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R %
27.07.2026
1. This application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [BNSS] seeking interim bail in connection with FIR No.62/2022 for the offence punishable under Section 302/394/397 of the Indian Penal Code, 1860 (IPC) & 25/54/59 of the Arms Act registered at Police Station Anand Parbat, Delhi. 2. As per nominal roll, as on 06.05.2026, the petitioner has suffered 02 years 09 months and 27 days incarceration. 3. It be noted that in the nominal roll, there seems to be another case pending against the petitioner being FIR No.458/2017 offence punishable under Section 307/34 IPC registered at Police Station Manogolpuri in which petitioner is on bail. 4. The conduct of the petitioner is stated to be satisfactory. He was granted interim bail from 05.12.2025 to 14.01.2026 which was extended upto 14.04.2026 and he had surrendered on 25.04.2026. 5. It is stated that the petitioner is suffering from serious ailments. In 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 30/07/2026 at 14:21:14
paragraph 3 of the application, following ailments have been mentioned: a. Bleeding per rectum with painful defecation due to Grade-I haemorrhoids; b. Severe lower back pain with radiculopathy; c. Vocal cord nodule; d. Diminution of vision; e. Denture-related complications; f. Shortness of breath; and g. Burning micturition associated with lower abdominal pain due to ankylosing spondylitis. 6. Pursuant to order dated 22.07.2026, a fresh medical report dated 26.07.2026 was received from the Medical Superintendant of the concerned jail which is extracted as under:
“This is in reference to the order passed by Hon’ble High Court of Delhi for submitting medical status report of aforesaid inmate/patient.
In reference to the subject cited above and as per the available medical records, it is submitted that the aforesaid inmate/patient is suffering from Grade III Haemmorhoids, ankylosing spondolysis (chronic condition which affects multiple joints), hoarseness of voice and multiple missing teeth for which he is taking treatment from jail and outside referral hospital. The patient is suffering from Grade III Haemmorhoids associated with bleeding per rectum and painful defecation for which he has been advised Stapler Haemorhoidectomy (surgery) at Department of Surgery, Dr. BSA Hospital and the probable date of admission for the same is 29.07.2026. The patient is a diagnosed case of Ankylosing Spondolysis (HLA B27+) which is a chronic condition which involves multiple joints of body leading to destruction of the same. For same, he is being followed up at Department of Medicine (Rheumatology), Safdarjung Hospital and is on regular medications. He is a follow up case of Hoarseness of Voice for which he is under follow up with Department of ENT, Dr. BSA Hospital and last visited the same on 25.07.2026 whereby endoscopy was done which revealed Hemorrhagic edema of left vocal cord (blood collection in and around vocal cords). He was advised voice rest, steam inhalation along with medications. 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 30/07/2026 at 14:21:14
For missing teeth, he is under follow up from Maulana Azad Institute of Dental Sciences (MADS) and was last reviewed on 01.07.2026 whereby patient was advised to review after receiving a letter of appointment from MAIDS for prosthetic teeth. The letter of appointment is awaited. At present, the general medical condition of this inmate/patient is sick as he is suffering from multiple ailments and he is also planned for Haemorhoidectomy Surgery. All the advised medications are being provided to him from jail dispensary. The relevant medical documents are hereby enclosed for your kind perusal. This is for your kind information and onward submission to the Hon'ble Court.”
7.
It is contended that even otherwise, the petitioner was informed by his earlier counsel that he was acquitted, therefore, he stopped appearing. The petitioner was never served with any notice or summons. Without any formal service of notice of summons, he was declared proclaimed offender. 8. It is for this reason that the petitioner was re-arrested and he is lodged in jail. 9. Bearing in mind the seriousness of the events and in fact the petitioner is in jail for the last about three years and his conduct in jail is satisfactory, therefore, he can be enlarged on interim bail for a period of 30 days on such terms and conditions as may be imposed by the concerned Trial Court. 10. With the above observation, the petition stands disposed of. Pending application stands disposed of. PURUSHAINDRA KUMAR KAURAV, J JULY 27, 2026 ab 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 30/07/2026 at 14:21:14