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2026 DAILYLAW 5284 (DEL)

PAWHNIA NWEKE v. STATE GOVT. OF NCT OF DELHI AND ANR

BAIL APPLN./586/2026 · 2026-02-16

Anup Jairam Bhambhani

body2026

Judgment text

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BAIL APPLN. 586/2026 Page 1 of 4 $~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 586/2026 PAWHNIA NWEKE .....Petitioner Through: Mr. J.S. Kushwaha, Advocate. versus STATE GOVT. OF NCT OF DELHI .....Respondent Through: Ms. Shubhi Gupta, APP for the State. CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 16.02.2026 By way of the present petition filed under section 483 read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks interim bail in case FIR No.146/2025 dated 13.06.2025 registered under section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at P.S.: Kishan Garh, South-West Delhi. 2. Pursuant to the notice issued on 09.02.2026, Ms. Shubhi Gupta, learned APP for the State has handed-up a copy of status report dated 15.02.2026, enclosing therewith the communication that the Investigating Officer (‘I.O.’) has had with the doctors at AIIMS, New Delhi. 3. Learned APP has also handed-up a copy of the petitioner’s nominal roll dated 13.02.2026; and the medical status report dated 13.02.2026 relating to the petitioner’s 02-year old child, as issued by the jail medical facility. 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 17/02/2026 at 11:55:33 BAIL APPLN. 586/2026 Page 2 of 4 4. On perusal of the medical status report, it is found that the petitioner’s child has been under treatment at the Dr. Rajendra Prasad Centre for Ophthalmic Sciences, AIIMS; and the attending doctors have opined that the child needs an eye implant, for which he would be tested on 24.02.2026. The child has also been asked to come on 11.05.2026 for Examination under Anaesthesia (EUA) for certain other procedures. The record also shows that the child has been diagnosed with Bilateral Retinoblastoma (eye cancer) and has already undergone left eyeball removal (enucleation). 5. Status report dated 15.02.2026, nominal roll dated 13.02.2026, and medical status report dated 13.02.2026 are taken on record. 6. The nominal roll of the petitioner shows that she has been in judicial custody for more than 07 months in the subject FIR; and that her jail conduct has been ‘satisfactory’. 7. Mr. J.S. Kushwaha, learned counsel for the petitioner submits, that the petitioner wants to have her child examined at a private medical facility of her choice; and also wishes to put him through requisite tests and immunization at such facility, apart from also consulting the doctors at AIIMS. 8. Since the scheduled date for implant test of the child is 24.02.2026, counsel prays that the petitioner be granted interim bail for sometime before that date, in order for the petitioner to have her child examined at a private medical facility before taking him to AIIMS. 9. As was observed in last order dated 09.02.2026, the petitioner’s identity now stands established and she has been found to be an Indian national, ordinarily resident of Mizoram. 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 17/02/2026 at 11:55:33 BAIL APPLN. 586/2026 Page 3 of 4 10. In view of the evidently serious medical condition of the petitioner’s 02-year old child, this court is inclined to allow the present petition. 11. Accordingly, the petitioner is admitted to interim bail for a period of 02 weeks, commencing 21.02.2026, subject to the following conditions: 11.1. The petitioner shall furnish a personal bond in the sum of Rs. 25,000/- (Rs. Twenty-five Thousand Only) with 01 local surety in the like amount, to the satisfaction of the Jail Superintendent; 11.2. Since the address where the petitioner would be residing in Delhi is not yet verified, the petitioner is directed to furnish to the I.O. such address within 03 days, which would be verified and a report qua the same would be submitted to the Jail Superintendent before the petitioner is released; 11.3. The petitioner shall not leave the State of Delhi without permission of the court and shall ordinarily reside at the address as per prison records or as referred to above; 11.4. The petitioner shall furnish to the Investigating Officer/S.H.O P.S.: Kishan Garh, South-West Delhi a cell-phone number on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched-on at all times; 11.5. If the petitioner has a passport, she shall surrender the same to the Jail Superintendent and shall not travel out of the country without prior permission of the learned trial court; 11.6. The petitioner shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution 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 17/02/2026 at 11:55:33 BAIL APPLN. 586/2026 Page 4 of 4 witnesses or other persons 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; and 11.7. Upon expiry of the period of interim bail, the petitioner shall surrender before the Jail Superintendent. 12. When she surrenders back to custody, the petitioner is directed to furnish to the Jail Superintendent copies of all records relating to the medical procedures and treatment that her child undergoes while she is on interim bail. 13. The petition stands disposed-of in the above terms. 14. Pending applications, if any, disposed-of. 15. Let a copy of this order be given dasti under signatures of the Court Master. ANUP JAIRAM BHAMBHANI, J FEBRUARY 16, 2026/hb 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 17/02/2026 at 11:55:33