Allowed¶28

Mehboob v. State Govt. of NCT of Delhi

Delhi HC12 Mar 2025BAIL APPLN./878/2025

Case brief

AI extract

What is this about?

Interim bail on medical grounds; pulmonary tuberculosis; anti-tubercular treatment (ATT) in custody; Central Jail Hospital Mandoli; FIR No. 247/2021 PS Welcome Delhi; Section 302/34 IPC; Section 439 Bhartiya Nagrik Suraksha Sanhita 2023; personal bond Rs. 25,000 with one surety; bail conditions (mobile numbers, address and hospital disclosure to IO, no witness contact, no criminal activity); surrender after four weeks; Delhi High Court; Neena Bansal Krishna; 12 March 2025; BAIL APPLN. 878/2025.

What did the court decide?

Interim Bail for one month (four weeks) in FIR No. 247/2021 under Section 302/34 IPC (PS Welcome), on medical grounds, upon a personal bond of Rs.25,000/- with one surety of the like amount, subject to conditions (a)-(e), with surrender directed on expiry of the period; Bail Application disposed of. ¶28

Mehboob Vs State Govt. of NCT of Delhi — Murder and Culpable Homicide | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner, an accused in FIR No. 247/2021 under Sections 302/34 IPC (PS Welcome), should be granted interim Bail on medical grounds, having regard to his ongoing treatment for Pulmonary Tuberculosis and associated complaints.

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Court's answer

In view of the Petitioner's medical condition and to enable him to undergo his treatment, interim Bail for one month is granted to the Petitioner-Mehboob, son of Mehfooz, in FIR No. 247/2021 under Section 302/34 IPC, PS Welcome.

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Ratio / Principle

The interim Bail is conditional: the Petitioner shall furnish a personal bond of Rs.25,000/- with one surety of the like amount to the satisfaction of the learned Trial Court, and shall (a) appear whenever the matter is taken up; (b) provide working mobile numbers of himself and his surety to the IO; (c) inform the IO and Jail Superintendent of his available address; (d) inform the IO of the hospital where he undertakes medical procedures; and (e) refrain from criminal activity and from communicating with or contacting the witnesses.

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Key takeaways

Upon expiry of the four-week bail period, the applicant shall surrender before the concerned Jail Superintendent.ratio¶27
The Bail Application stands disposed of.ratio¶28

Detailed headnote1 paragraphs

BAIL APPLN. 878/2025 — High Court of Delhi (Neena Bansal Krishna, J., order dated 12.03.2025): One-month interim bail granted on medical grounds to Mehboob s/o Mehfooz, petitioner under S. 439 BNSS 2023 and accused in FIR No. 247/2021 under Sections 302/34 IPC (PS Welcome, Delhi). Basis: Petitioner lodged in Central Jail Hospital, Mandoli, undergoing six months' ATT for Pulmonary Tuberculosis since 30.11.2024 (intensive phase completed 15.01.2025 with negative sputum test; now in continuous phase), with continuing complaints of bilateral chest pain on inspiration, blood with sputum, weight loss and generalised weakness, medication/supportive treatment and pulmonary referral advised at GTB Hospital. Bail on personal bond of Rs. 25,000/- plus one surety of like amount to the satisfaction of the Trial Court, subject to conditions: appearance when matter taken up; working mobile numbers of applicant and surety furnished to IO; address intimated to IO and Jail Superintendent; treating-hospital information given to IO; no criminal activity and no communication/contact with witnesses. Surrender before the concerned Jail Superintendent on expiry of four weeks. Bail Application disposed of.

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$~1

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 878/2025

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MEHBOOB .....Petitioner Through: Mr.Mohd. Suza Faizal, Advocate

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Versus

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STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr.Utkarsh, Additional Public Prosecutor for Respondent No.1State

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CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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O R D E R % 12.03.2025

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The present Petition under Section 439 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioner, seeking interim Bail in FIR No. 247/2021, under Section 302/34 IPC, registered at Police Station Welcome, Delhi.

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Pursuant to last order, Status Report dated 07.03.2025 has been placed on record by Respondent –State along with Medical Status Report dated 06.03.2025 from the Office of Senior Medical Officer in respect of Petitioner.

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It is stated in the Report that Petitioner is lodged in Central Jail Hospital, Mandoli and receiving treatment for Pulmonary Tuberculosis since 30.11.2024. The treatment has been scheduled for six months, i.e. two months of intensive phase and four months of continuous phase. The

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BAIL APPLN. 878/2025 1

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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 01/07/2025 at 00:01:55

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intensive phase got completed on 15.01.2025 and he is now in continuous phase. The Sputum Test was done on 15.01.2025 after end of intensive phase, which was negative.

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It is also noted that he has complaints of bilateral chest pain on inspiration, blood with sputum, weight loss and generalize body weakness. He has been prescribed medication, multivitamin, MDI inhaler, and supportive treatment, continued ATT and repeat CBC & Chest X Ray and also advised pulmonary referral at GTB Hospital.

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In view of the medical condition and to enable him to undergo his treatment, the Petitioner-Mehboob, son of Mehfooz, is granted interim Bail for one month in FIR No. 247/2021, under Section 302/34 IPC, registered at Police Station Welcome, Delhi upon his furnishing a personal bond in the sum of Rs.25,000/- and one surety of the like amount to the satisfaction of the learned Trial Court, and further subject to the following conditions:-

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a) Applicant shall appear before the Court as and when the matter is taken up for hearing;

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b) Applicant shall provide his mobile number and also the mobile number of his surety to the IO concerned, both of which shall be kept in working condition at all times;

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c) Applicant shall inform the IO and the Jail Superintendent the address where he shall be available;

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d) Applicant shall also inform the IO of the Hospital where he is undertaking the medical procedure for his ailment.

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e) Applicant shall not indulge in any criminal activity and shall not communicate with or come in contact with the witnesses.

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BAIL APPLN. 878/2025

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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 01/07/2025 at 00:01:55

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Upon expiry of period of four weeks, as stated above, the applicant shall surrender before the concerned Jail Superintendent.

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The Bail Application is disposed of.

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NEENA BANSAL KRISHNA, J

MARCH 12, 2025

BAIL APPLN. 878/2025

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 01/07/2025 at 00:01:55

Mehboob v. State Govt. of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Mehboob v. State Govt. of NCT of 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

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