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2025 Supreme(Online)(Del) 2551

IN THE HIGH COURT OF DELHI AT NEW DELHI
MS. NEENA BANSAL KRISHNA, J
MOHD TAHIR HUSSAIN – Appellant
Versus
STATE (NCT OF DELHI) – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Rebecca John, Mr. Rajiv Mohan, Ms. Tara Narula, Ms. Shivangi Sharma, Ms. Sonal Sarda, Mr. Rishabh Bhati, Ms. Anushka Baravah, Mr. Rehan Khan, Mr. Chinmay Kanojia, Mr. Nilanjan Dey, Mr. Chandveer Shoran
For the Respondents: Mr. Chetan Sharma, Mr. Rajat Nair, Mr. Dhruv Pande, Mr. Amit Gupta, Mr. Shubham Sharma, Mr. Vikramaditya Singh

Table of Content
1. request for interim bail to contest elections. (Para 3 , 6 , 11)
2. seriousness of allegations impacts bail consideration. (Para 24 , 26 , 30)
3. custody parole granted under specific conditions. (Para 49 , 50)

JUDGMENT (oral)

CRL.M.A. 516/2025 (Exemption)

1. Allowed, subject to all just exceptions.

2. The Application is disposed of.

3. The present Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter referred to as “ BNSS , 2023”) has been filed on behalf of the Applicant/Petitioner seeking “Interim Bail” from 14.01.2025 to 09.02.2025 to participate in the election process and to contest the Delhi Assembly Elections, 2025 from Mustafabad Constituency, Delhi.

4. It is submitted in the Application that the Applicant/Petitioner is an accused in relation to the Delhi Riots which took place in February, 2020. The Applicant/Petitioner was taken in custody and arrested by the Police on 05.03.2020 in FIR No. 101/2020 dated 25.02.2020 under Sections 109 /114/147/148/149/188/353/427/435/436/454/34 of the Indian Penal Code , 1860 (hereinafter referred to as “IPC, 1860”) registered at Police Station Khajuri Khas, Delhi; since then, he is in j

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