Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Del) 10

IN THE HIGH COURT OF DELHI AT NEW DELHI
Girish Kathpalia, J
Nikhil Bajaj – Appellant
Versus
State of NCT of Delhi – Respondent
BAIL APPLN. 3356/2025 | CRL.M.A. 26173/2025

Advocates:
For the Appellants/Petitioners: S. Nanda Kumar, Deepika Nanda Kumar, Vishal Yadav, Rahul Gujral
For the Respondents: Utkarsh

In matters involving serious mental health conditions, courts may favor regulated release over custodial detention when clinical exigencies require medical supervision and the absence of the aggrieved party from the jurisdiction mitigates the necessity for preventive custody, provided stringent restrictive conditions are established.

Headnote:(A) Bharatiya Nyaya Sanhita - Sections 78, 79, 351(2) and 356(2) - Bail - Accused suffering from severe psychiatric disorders - Complainant’s family member residing abroad - Whether continued incarceration is necessary - Held, no purpose served in custody over medical concerns - Bail granted subject to conditions. (Para 4)

(B) Practice and Procedure - Bail - Medical grounds - Accused undergoing treatment for behavioral disorders - Continued detention is not required when the accused poses no immediate threat and requires ongoing medical management. (Para 3, 4)

Facts of the case:
The applicant sought regular bail in connection with allegations involving stalking and harassment through electronic communication. The applicant, diagnosed with psychiatric and behavioral disorders, was previously granted interim bail on medical grounds. The complainant's family member, who was the subject of the alleged messages, is now residing in a foreign country.

Findings of Court:
The court observed that the applicant is suffering from documented medical conditions requiring psychiatric supervision. Given the absence of the complainant’s family member from the jurisdiction and the applicant's medical status, the court determined that further custodial detention would serve no useful purpose.

Issues: The central issue was whether the applicant's severe mental health condition and the change in geographical circumstances of the complainant's family justified the grant of regular bail.

Ratio Decidendi: Where an accused suffers from a documented, significant mental health condition and there is a change in the underlying circumstances that reduces the potential for further victimization, custodial detention may be mitigated by granting bail, provided that appropriate restrictive conditions are imposed to ensure the safety of the complainant and their family.

Result: Application allowed; bail granted subject to conditions.

Table of Content
1. summary of facts, incident background, and procedural history. (Para 1 , 2 , 3)
2. bail granted on medical grounds and lack of necessity for jail. (Para 4)
3. bail granted under specific non-contact stipulations. (Para 5 , 6)

J U D G M E N T (ORAL)

1. The accused/applicant seeks regular bail in case FIR No. 238/2025 of PS Model Town for offence under Section 78 /79/351(2)/356(2) of BNS.

2. Broadly speaking, the allegation against the accused/applicant is that being a distant relative of the complainant de facto, he came in contact with the daughter of the complainant de facto and started sending her text messages. In the month of September 2023, daughter of the complainant de facto got married and settled in Canada. Even thereafter, the accused/applicant started repeatedly visiting house of the complainant de facto and sent certain objectionable messages on WhatsApp. On 11.06.2025, the accused/applicant was arrested.

3. In the backdrop of these allegations, when the present bail application came up before the predecessor bench on 17.09.2025, on medical grounds of psychological issues, he was granted interim bail till next date. That indulgence continued before the predecessor bench on date to date basis and today for the first time the matter has come before me. It appears from previous record that the accused/applicant is suffering schizophrenia and other behavioural disorders, for which he is undergoing treatment at Tulsi Healthcare. The medical condition of the accused/applicant as on date is stated to be that he is hospitalized for the said treatment.

4. Going by the basic allegations against the accused/applicant, no purpose would be served by sending him back to jail. More so, because daughter of the complainant de facto, as mentioned above, is now settled in Canada.

5. Learned APP for State on instructions of IO/SI Divya submits that subject to the direction that the accused/applicant shall not contact the complainant de facto or her daughter or any member of their family, the accused/applicant can be granted regular bail.

6. Accordingly, the application is allowed and the accused/applicant is admitted to bail subject to his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the learned trial court and also subject to condition that he shall not contact the complainant de facto or her daughter or any member of their family in any manner whatsoever. Pending application stands disposed of.

Click Here to Read the rest of this document

2026 Supreme(Online)(Del) 10

IN THE HIGH COURT OF DELHI AT NEW DELHIGirish Kathpalia, JNikhil Bajaj – AppellantVersusState of NCT of Delhi – RespondentBAIL APPLN. 3356/2025 | CRL.M.A. 26173/2025

IN THE HIGH COURT OF DELHI AT NEW DELHI
Girish Kathpalia, J
Nikhil Bajaj – Appellant
Versus
State of NCT of Delhi – Respondent
BAIL APPLN. 3356/2025 | CRL.M.A. 26173/2025