Delhi High Court Grants Interim Bail to Tuberculosis Patient in Kidnapping Case, Cites Air Pollution Concerns

New Delhi: The Delhi High Court, presided over by Hon'ble Dr. Justice Swarana Kanta Sharma, has granted a 15-day interim bail to Mohd Shaukat Ali, an accused in a serious kidnapping for ransom case, primarily on medical grounds. The court took into consideration his struggle with tuberculosis, which is reportedly being aggravated by the severe air pollution in the city.

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Case Background

The petitioner, Mohd Shaukat Ali @ Dolly, is an accused in FIR No. 126/2020, registered at Police Station Paschim Vihar. He faces grave charges including kidnapping for ransom, criminal intimidation, and criminal conspiracy under Sections 363, 364A, 506, 120B, and 34 of the Indian Penal Code, 1860. The present application sought interim bail on compassionate and medical grounds.

Arguments Presented

Petitioner's Plea: Mr. Ankaj Giri, counsel for the applicant, argued that his client is a tuberculosis patient who was recently hospitalized and discharged on October 23, 2025. He emphasized that the prevailing air pollution in Delhi has severely impacted the applicant's health, leading to significant breathing problems and even causing him to faint. The counsel highlighted that the applicant had been granted interim bail on previous occasions by the Trial Court and had never misused the liberty afforded to him.

State's Position: Mr. Manoj Pant, the learned APP for the State, acknowledged the serious nature of the allegations against the accused. However, he did not dispute the medical condition of the applicant as presented before the court.

Court's Rationale and Decision

After hearing both sides and perusing the record, Justice Swarana Kanta Sharma focused on the undisputed facts of the case. The Court noted two critical factors in its decision:

1. Undisputed Medical Condition: The applicant's diagnosis of Tuberculosis was an established and uncontested fact.
2. Previous Conduct: The applicant had been granted interim bail before and had abided by the conditions without any misuse of his liberty.

Balancing these factors, the Court found sufficient grounds to grant temporary relief. The order stated, "Considering the overall facts and circumstances of the case, this Court takes note of the fact that the applicant/accused is suffering from Tuberculosis, which is not disputed. This Court further notes that on earlier occasions also, the applicant was granted interim bail and he has never misused the liberty so granted to him."

Final Order and Conditions

The High Court granted Mohd Shaukat Ali interim bail for a period of 15 days, subject to furnishing a personal bond of Rs. 15,000 with one surety of the like amount. The bail is contingent upon the following conditions:

• The applicant shall not leave the country without prior court permission and must surrender his passport.
• Any change in residential address or contact details must be promptly reported to the court and the Investigating Officer.
• The applicant must appear regularly before the Trial Court.
• The applicant is strictly prohibited from contacting the complainant or any prosecution witnesses, or tampering with evidence.

The Court clarified that its order should not be construed as an expression of opinion on the merits of the main case.