Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Del) 38

IN THE HIGH COURT OF DELHI AT NEW DELHI
Girish Kathpalia, J
Hitender Yadav – Appellant
Versus
State Nct Of Delhi – Respondent
BAIL APPLN. 4975/2025 | CRL.M.A. 38364/2025

Advocates:
For the Appellants/Petitioners: Jitendra Sethi, Hemant Gulati, Shobit Dimri, Bharat, Divyam Guar
For the Respondents: Ajay Vikram Singh

Granting interim bail on medical grounds requires verifying clinical documentation and assessing the applicant's past compliance with court orders. When humanitarian needs are balanced with strict bonding conditions and a proven record of timely surrender, courts may exercise discretion to allow temporary release for family medical support.

Headnote:(A) Criminal Procedure - Interim Bail - Medical grounds - Urgency and genuineness of medical condition - Court’s discretion - Release on interim bail to care for family members undergoing major surgery may be granted if medical documents are verified and if the applicant’s past conduct demonstrates consistent compliance with conditions such as timely surrender - Availability of other family members does not automatically preclude the grant of interim relief when the medical exigency and prior conduct warrant sympathetic consideration. (Paras 3, 4, 5, 6)

Facts of the case:
The applicant, facing trial for serious criminal charges, filed an application for interim bail citing the need to attend to a family member scheduled for an upcoming spinal surgery. While the prosecution verified the authenticity of the medical documentation, it opposed the relief, suggesting that other family members were available to assume nursing duties. The applicant highlighted a successful record of prior interim bail periods where he had surrendered without fail upon the conclusion of his leave.

Findings of Court:
The court noted that medical documents were genuine and confirmed by official report. Balancing the humanitarian need of the family member with the applicant's proven history of compliance via timely surrender, the court found it appropriate to grant limited interim bail subject to strict security conditions, mandating immediate surrender if the medical procedure is deferred or completed.

Issues: Whether an application for interim bail on medical grounds is maintainable when there are other existing family members who could potentially provide care, and how prior compliance with past bail conditions informs the current exercise of judicial discretion.

Ratio Decidendi: Verification of medical emergency coupled with a demonstrated history of past compliance with custodial directions constitutes a sufficient basis for exercising discretion to grant time-bound interim bail, ensuring the humanitarian need is addressed while maintaining the integrity of the judicial process through stringent bonds.

Result: Application allowed; interim bail granted for a specified period with conditions for a personal bond and immediate surrender.

Table of Content
1. interim bail for medical exigencies of immediate family members. (Para 1 , 2 , 3 , 4 , 5)
2. conditions for grant of discretionary interim bail. (Para 6 , 7)

J U D G M E N T (ORAL)

1. The accused/applicant seeks interim bail in case FIR No. 420/2022 of PS Subhash Place for offence under Section 302/307 IPC read with Section 27/30 Arms Act on the ground of surgery of his mother.

2. Learned APP assisted by IO/Inspector Balram files status report, which is accepted across the board, to be scanned and made part of the record.

3. Learned senior counsel for accused/applicant contends that this is a fit case to grant at least interim bail for three weeks to the accused/applicant as he has to take care of his ailing mother, who has to undergo some spinal surgery on 15.01.2026 and 16.01.2026. It is further submitted by learned senior counsel that medical documents have already been furnished to the IO, who has verified the same. Learned senior counsel has explained that earlier, the surgery was scheduled for 25.12.2025 as mentioned in paragraph 5 of the application but the same could not be carried out due to medical complications of mother of the accused/applicant.

4. Learned APP submits that medical documents of mother of the accused/applicant have been verified and the same are found genuine. But, it is submitted by learned APP that accused/applicant has two sons aged 23 and 19 years, who can take care of mother of the accused/applicant.

5. Learned senior counsel submits that the sons of the accused/applicant are students. Besides, it is also explained that earlier, for same grounds the accused/applicant was granted interim bail three times for two weeks each but he duly surrendered when the surgery got postponed.

6. After some discussion, as requested by both sides, the application is disposed of directing release of the accused/applicant on interim bail subject to his furnishing a personal bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of the learned trial court for the period from 13.01.2026 to 27.01.2026 and in case the surgery of mother of the accused/applicant again gets deferred and is not performed on 16.01.2026, the accused/applicant shall immediately surrender before the concerned Jail Superintendent. Accompanying application stands disposed of.

7. A copy of this order be immediately transmitted to the concerned Jail Superintendent for compliance.

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2026 Supreme(Online)(Del) 38

IN THE HIGH COURT OF DELHI AT NEW DELHIGirish Kathpalia, JHitender Yadav – AppellantVersusState Nct Of Delhi – RespondentBAIL APPLN. 4975/2025 | CRL.M.A. 38364/2025

IN THE HIGH COURT OF DELHI AT NEW DELHI
Girish Kathpalia, J
Hitender Yadav – Appellant
Versus
State Nct Of Delhi – Respondent
BAIL APPLN. 4975/2025 | CRL.M.A. 38364/2025