Partly allowed¶37

Mohd Fahad v. the State NCT of Delhi

Delhi HC2 Jan 2026BAIL APPLN./5086/2025

Case brief

AI extract

What is this about?

Delhi High Court interim bail on medical grounds (father's surgery 04.01.2026); BAIL APPLN. 5086/2025 & CRL.M.A. 39017/2025; Shail Jain, J. (Vacation Judge); decision 02.01.2026; FIR No.116/2023, P.S. Hazrat Nizamuddin; Sections 302/201/363/120-B/34 IPC 1860; Section 483 BNSS 2023 read with Section 439 Cr.P.C.; petitioner in judicial custody since 23.04.2023; personal bond Rs.25,000/- with one surety; reporting before IO on 05.01.2026 and every alternate day thereafter; State verified medical documents and raised no objection; petitioner Mohd Fahad; interim bail 03.01.2026 to 10.01.2026.

What did the court decide?

Interim bail from 03.01.2026 to 10.01.2026 (shorter than the two months sought) on stated terms and conditions, including a personal bond of Rs.25,000/- with one surety; CRL.M.A. 39017/2025 (exemption) allowed and disposed of.

Mohd Fahad Vs the State NCT of Delhi — Murder and Culpable Homicide | Delhi HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Mohd Fahad, in judicial custody since 23.04.2023 in FIR No.116/2023 (Sections 302/201/363/120-B/34 IPC, P.S. Hazrat Nizamuddin), should be released on interim bail on the ground that his father is scheduled to undergo surgery on 04.01.2026.

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Court's answer

Petitioner directed to be released on interim bail w.e.f. 03.01.2026 to 10.01.2026, subject to conditions: personal bond of Rs.25,000/- with one surety to the satisfaction of the concerned Jail Superintendent; no departure from India without prior permission of the Court concerned; reporting before the concerned Investigating Officer on 05.01.2026 and every alternate day thereafter; no inducement, threat or promise to any person acquainted with the facts of the case; provision of operational mobile number(s); and commission of no offence during the period of interim bail.

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Ratio / Principle

Exemption application CRL.M.A. 39017/2025 allowed, subject to just exceptions, and disposed of.

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Detailed headnote1 paragraphs

BAIL APPLN. 5086/2025, High Court of Delhi (Shail Jain, J., Vacation Judge), order dated 02.01.2026 — Interim bail granted from 03.01.2026 to 10.01.2026 to Mohd Fahad, in judicial custody since 23.04.2023 in FIR No.116/2023 (Sections 302/201/363/120-B/34, IPC 1860, P.S. Hazrat Nizamuddin), sought under Section 483 of B.N.S.S. 2023 read with Section 439 Cr.P.C. on the medical ground that his father was scheduled to undergo surgery on 04.01.2026 for a condition recorded as 'Carbon Kaul Wound' requiring surgical intervention; the learned APP verified the medical documents as genuine and raised no objection. Although two months' interim bail was sought, release was limited to eight days, on conditions: personal bond of Rs.25,000/- with one surety to the Jail Superintendent; no departure from India without prior permission of the Court concerned; reporting before the Investigating Officer on 05.01.2026 and every alternate day thereafter; no inducement, threat or promise; mobile number(s) kept operational; no offence during interim bail. CRL.M.A. 39017/2025 (exemption) allowed, subject to just exceptions, and disposed of.

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$~4

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 5086/2025, & CRL.M.A. 39017/2025

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MOHD FAHAD .....Petitioner

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Through: Mr. Anurag Jain and Mr. M.M Khan, Advs.

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versus

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THE STATE NCT OF DELHI .....Respondent Through: Mr. Utkarsh, APP for the State with SI Ravinder PS HZN.

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CORAM:

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HON'BLE MS. JUSTICE SHAIL JAIN

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O R D E R % 02.01.2026

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This hearing has been done through hybrid mode.

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CRL.M.A. 39017/2025

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Exemption allowed, subject to just exceptions.

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Application is accordingly disposed of.

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BAIL APPLN. 5086/2025

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3 This hearing has been done through hybrid mode.

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This is a petition under Section 483 of B.N.S.S. 2023 read with Section 439 Cr.P.C. seeking interim bail for a period of two months in FIR No.116/2023 filed under Sections 302/201/363/120-B/34 of Indian Penal Code,1860 registered at P.S. Hazrat Nizamuddin on the ground that the petitioner’s father is scheduled to undergo surgery on 4th January, 2026.

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A perusal of the record shows that the petitioner’s father is suffering from Carbon Kaul Wound and that the said condition requires surgical intervention.

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BAIL APPLN. 5086/2025

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Page 1 of 3

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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 03/01/2026 at 11:36:20

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Learned counsel for the petitioner submits that the petitioner undertakes to surrender before the concerned Court upon expiry of the interim bail and further undertakes that during the period of interim bail, he shall not violate any of the conditions imposed by this Court. It is further submitted that the petitioner has been in judicial custody since 23rd April, 2023.

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Learned APP for the State submits that the medical documents have been verified and found to be genuine. He further submits that he has no objection if the present application is allowed.

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As per the medical records, the surgery is scheduled for 4th January, 2026.

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Keeping in view the facts and circumstances mentioned hereinabove, the petitioner is directed to be released on interim bail w.e.f. 03^rd January, 2026 to 10^th January, 2026 on the following terms and conditions:

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(a) The petitioner shall furnish a personal bond in the sum of Rs.25,000/- ( Rupees Twenty Five Thousand Only ) with one surety in the like amount, to the satisfaction of the concerned Jail Superintendent; (b) The petitioner shall under no circumstances leave India without prior permission of the Court concerned;

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(c) The petitioner, after the surgery of his father, shall report before the concerned Investigating Officer on 5th January,2026 and shall continue to report on every alternate day thereafter;

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(d) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;

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(g) The petitioner shall provide his mobile number(s) and keep it operational at all times;

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BAIL APPLN. 5086/2025

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Page 2 of 3

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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 03/01/2026 at 11:36:20

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(h) The petitioner shall commit no offence whatsoever during the period he is on interim bail.

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Copy of this order be sent to concerned Jail Superintendent for compliance.

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The application stands disposed of.

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SHAIL JAIN, J. (VACATION JUDGE)

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JANUARY 2, 2026/ rr/rm

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BAIL APPLN. 5086/2025

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Page 3 of 3

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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 03/01/2026 at 11:36:20

Mohd Fahad v. the State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Mohd Fahad v. the State 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

Coram

Case details

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