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BAIL APPLN. 4100/2026 p. 1 $~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010464462026 + BAIL APPLN. 4100/2026 & CRL.M.A. 30320/2026, CRL.M.A. 30321/2026 RAJ KUMAR PATHAK .....Appellant Through: Mr. Mrityunjay K. Singh, Mr. Saikat and Mr. Mukesh Singh Rawat, Advocates. versus STATE (NCT OF DELHI) .....Respondent Through: Ms. Shubhi Gupta, APP for State. CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 25.09.2026 The matter has been listed as per urgent mentioning at 3:00 PM. BAIL APPLN. 4100/2026
1. This application has been filed seeking regular bail for the applicant in FIR No.188/2020 dated 12th March, 2020 under Section 326B of Indian Penal Code (‘IPC’) registered at Police Station Khyala, in SC No. 597/2026 pending before the Additional Sessions Judge (ASJ)-09, West, Tis Hazari Court. 2. The matter was listed for recording of Statement of Accused under Section 313 of Code of Criminal Procedure, 1973 (‘Cr.P.C’) on 15th September, 2026 when an application was filed on behalf of the petitioner 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 26/09/2026 at 11:04:38
BAIL APPLN. 4100/2026 p. 2 under Section 329 of the Cr.P.C. The said application was dismissed by the Trial Court and Bailable Warrants were issued against the applicant. The matter was put up on 22nd September, 2026. 3. On 22nd September, 2026, the applicant sought exemption from personal appearance on the ground of mental illness. He also filed a medical prescription along with the application. However, the Trial Court rejected the exemption while noting that the said medical document was not legible and vide order dated 15th September, 2026, the application filed by the applicant under Section 329 of the Cr.P.C has already been dismissed holding that the applicant is not suffering from any mental infirmity. 4. An application was filed on behalf of the applicant seeking cancellation of NBWs, which was dismissed by the Trial Court on 24th September, 2026 noting that the petitioner is trying to evade appearing in the matter when the matter is at the final stage of adjudication. 5.
Now, the next date of hearing before the Trial Court is on 28th September, 2026 when the applicant is to be produced before the Trial Court for giving his statement under Section 313 of the Cr.P.C.
6. In this view of the matter, this Court is not inclined to entertain the present application at this stage. The applicant would be at liberty to move an appropriate application before the Trial Court in accordance with law. AMIT BANSAL, J SEPTEMBER 25, 2026 Rzu 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 26/09/2026 at 11:04:38