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IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATEEK JALAN
Neeraj Kumar – Appellant
Versus
State Nct Of Delhi – Respondent
JUDGMENT :
PRATEEK JALAN, J.
1. By way of this petition, under Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [“ BNS S ”], (corresponding to Section 439 of the Criminal Procedure Code 1973 [“CrPC”]), the petitioner seeks interim bail in connection with FIR No. 652/2025, registered at Police Station Punjabi Bagh, under Section 103 (1) the Bharatiya Nyaya Sanhita, 2023 [“ ”], and Sections 25 /27 of the Arms Act, 1959 [“Arms Act]”.
A. FACTUAL BACKGROUND
2. The FIR relates to allegations against the applicant in respect of the murder of one Muskan, who was shot inside her residence on 15.11.2025, after she repeatedly refused to marry him despite his persistent pressure, and threats. It is further alleged that after shooting Muskan, the applicant also shot himself inside the same premises.
3. The applicant has been in judicial custody in connection with the said FIR since 21.11.2025.
4. The grounds on which interim bail is sought relates to his medical condition, including a gunshot injury on his chest and pulmonary tuberculosis, resulting in chronic pain, restricted mobility and related complications.
5. The Sessions Court vide order dated 18.12.2025, in Bail Application No. 2
The period of interim bail does not count towards the detention period for statutory bail eligibility under the BNSS.
The court ruled that the petitioner is entitled to statutory bail under Section 187(3) of BNSS, emphasizing that the maximum punishment under Section 22(b) of the NDPS Act is ten years, and anteceden....
The granting of bail under the NDPS Act must strictly adhere to statutory requirements; mere absence of contraband possession does not negate the necessity for robust scrutiny of evidence against the....
(1) Default bail – Period of 90 days is stated to be counted when investigation for fresh offence(s) is started and not from date of lodging of FIR.(2) Default bail – Right to seek default/statutory ....
No accused can be permitted to frustrate judicial process by his conduct.
Regular bail under BNSS Section 483 requires accused's physical presence or surrender establishing judicial custody; interim bail without compliance does not suffice, rendering application non-mainta....
The court ruled that for offences punishable up to ten years, police custody is limited to 15 days within the first 40 days of investigation, emphasizing the importance of timely investigations to pr....
Prolonged pre-trial incarceration may justify bail under NDPS Act when there is no substantial evidence against the accused and the right to personal liberty under Article 21 is violated.
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