Allowed¶21

Rakesh Dixit Alias Bhajji v. State of (Nct) Delhi through S Ho P S Narela Delhi

Delhi HC9 Jan 2025BAIL APPLN./59/2025

Case brief

AI extract

What is this about?

Bail Appln. 59/2025, Delhi HC, Jasmeet Singh J., 09.01.2025; Rakesh Dixit alias Bhajji v. State of (NCT) Delhi (PS Narela); FIR 133/2018, Ss. 302/307/201/120B/34 IPC; interim bail extension via S. 439 Cr.PC + S. 483 BNSS 2023; father's cataract surgery 15.01.2025, heart patient, consent requirement; interim bail of 24.12.2024 extended upto 16.01.2025; cancellation clause if medical documents false; application allowed and disposed; CRL.M.A. 369/2025 exemption allowed.

What did the court decide?

Extension of the interim bail granted on 24.12.2024 up to 16.01.2025, enabling the petitioner to be available at the time of his father's cataract surgery; the respondent retains liberty to seek cancellation of the order if the annexed medical documents prove false; application disposed of in these terms. ¶21

Rakesh Dixit Alias Bhajji Vs State of (Nct) Delhi… — Murder and Culpable Homicide | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the interim bail already granted to the petitioner on 24.12.2024 should be further extended so that he remains available for his father's cataract surgery fixed on 15.01.2025, given the treating doctor's requirement of consent from a family member.

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Ratio / Principle

The Court is inclined to allow the application for the reasons stated.

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Key takeaways

The interim bail granted on 24.12.2024 is extended upto 16.01.2025 for the petitioner to be available at the time of his father's cataract surgery.ratio¶21
If the medical documents annexed with the application are found to be false, the respondent is at liberty to file an application seeking cancellation of the order.obiter¶22

Detailed headnote1 paragraphs

Delhi High Court (Jasmeet Singh, J.), decision dated 09.01.2025 in BAIL APPLN. 59/2025: Rakesh Dixit alias Bhajji, applicant in FIR No. 133/2018 (Sections 302/307/201/120B/34 IPC, Police Station Narela), applied under Section 439 Cr.PC read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for extension of interim bail because his father, a heart patient assessed high risk for surgery and anaesthesia, was to undergo cataract surgery on 15.01.2025 and the treating doctor required consent from a family member. Medical documents were annexed. After notice (accepted by learned APP Ms. Dalal), the Court allowed the application and extended the interim bail granted on 24.12.2024 upto 16.01.2025, while reserving the respondent's liberty to seek cancellation of the order if the medical documents were found false. Application disposed of accordingly. Companion exemption application CRL.M.A. 369/2025 was allowed subject to all just exceptions and disposed of.

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$~36

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 59/2025

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RAKESH DIXIT ALIAS BHAJJI .....Petitioner

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Through: Mr. Rajat Pathyan, Mr. Mohit Kumar, Advs.

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versus

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STATE OF (NCT) DELHI THROUGH S HO P S NARELA DELHI .....Respondent Through: Mr. Aashneet Singh, APP SI Sandeep Narawal

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R % 09.01.2025 CRL.M.A. 369/2025

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Exemption allowed, subject to all just exceptions.

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The application stands disposed of.

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BAIL APPLN. 59/2025

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This is an application under Section 439 Cr.PC read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking extension of interim bail in F.I.R. No. 133/2018 under Section 302/307/201/120B/34 IPC registered at Police Station Narela on account of the fact that the cataract surgery of the father of the applicant is fixed on 15.01.2025.

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It is submitted that the applicant’s father is a heart patient and is considered a high risk patient for surgery and anaesthesia. The treating Doctor requires consent from a family member of the applicant in order

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This is a digitally signed order.

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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 24/01/2025 at 13:00:21

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to proceed with the surgery. Hence, the present application.

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The medical documents have been annexed.

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For the said reasons, issue notice. Ms. Dalal, learned APP accepts notice on behalf of the respondent.

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For the reasons stated, I am inclined to allow the application.

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The interim bail granted to the appellant on 24.12.2024 is extended upto 16.01.2025 for the petitioner to be available at the time of the cataract surgery of his father.

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In case the medical documents annexed with the application are found to be false, the respondent is at liberty to file an application seeking cancellation of the order passed today.

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The present application is disposed of in the aforesaid terms.

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JASMEET SINGH, J

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JANUARY 9, 2025/sp

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Click here to check corrigendum, if any

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This is a digitally signed order.

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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 24/01/2025 at 13:00:21

Rakesh Dixit Alias Bhajji v. State of (Nct) Delhi through S Ho P S Narela Delhi

Case brief

What is this about?

What did the court decide?

Rakesh Dixit Alias Bhajji v. State of (Nct) Delhi through S Ho P S Narela Delhi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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