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2026 Supreme(Online)(Del) 106

IN THE HIGH COURT OF DELHI AT NEW DELHI
Girish Kathpalia, J
Vinay Kumar @ Varun Bidhuri @ Binnu – Appellant
Versus
State – Respondent
BAIL APPLN. 5025/2025 | CRL.M.A. 38678/2025 | CRL.M.A. 38679/2025



Advocates:
For the Appellants/Petitioners: Shakir Shabir, Vikrant Singh, Sazid S.R. Shah
For the Respondents: Sanjeev Sabharwal

Interim bail is a temporary measure that must be balanced against the gravity of the offence and the progress of the trial. It cannot be granted periodically by exhausting grounds that have already been addressed, nor can it serve to create a cycle of indefinitely extended liberty.

Headnote:(A) Indian Penal Code, 1860 - Section 302/34 - Arms Act, 1959 - Sections 25, 27, 54, 59 - Interim bail - Grounds of medical exigency of family member - Held, where an accused has been granted repeated interim bail on similar grounds, further indulgence cannot be claimed as a matter of right, especially when the medical condition is chronic and previous relief has adequately served the purpose - Gravity of the offence and the progress of the trial are critical factors in balancing personal liberty with judicial administration. (Paras 2, 6, 8)

(B) Interim Bail - Principles for grant - Court must strike a balance between an applicant's stated ground of family exigency and the nature and gravity of the offence - Interim relief cannot be permitted as a tool for the "evergreening" of bail, particularly when earlier opportunities to arrange finances through temporary release have been exhausted. (Paras 5, 6, 7)

Facts of the case:
The applicant sought interim bail for the purpose of caring for his spouse following a medical procedure and to manage financial arrangements. It was noted by the court that the trial court had previously granted the applicant interim bail on multiple occasions, but had subsequently denied further extensions. The accused is charged with serious offences involving murder and illegal weapon possession. Findings of the Court: The court observed that the spouse’s ailment is chronic and would not resolve within a short, defined period. It was also noted that the trial is ongoing with crucial witnesses yet to be examined. Balancing these factors against the gravity of the offence committed, the court concluded that the applicant had already utilized earlier periods of release to address financial concerns and that there was no justification for further temporary liberty.

Issues: The main issues were whether the chronic health condition of a family member warrants repeated interim bail and whether the need to arrange finances justifies such relief, given the gravity of the charges and the progress of the pending trial.

Ratio Decidendi: Interim bail is not to be granted as a matter of routine or a perpetual relief; it must be assessed against the severity of the alleged offence and the necessity for the trial to proceed, ensuring the institutional power to grant bail is not abused through successive applications on exhausted grounds.

Result: Application dismissed.

Table of Content
1. overview of interim bail application and grounds. (Para 1 , 2)
2. parties' conflicting contentions regarding medical and financial exigencies. (Para 3 , 4 , 7)
3. adjudication refusing interim bail based on trial integrity and gravity of offense. (Para 5 , 6 , 8)

J U D G M E N T (ORAL)

1. The accused/applicant seeks grant of interim bail in case FIR No. 286/2023 of PS Govind Puri for offence under Section 302/34 IPC & 25/27/54/59 Arms Act.

2. The only ground on which interim bail for a period of 8 weeks is sought by the accused/applicant is the illness of his wife, for which earlier he was granted interim bail repeatedly by the learned trial court.

3. On behalf of accused/applicant, it is contended by learned counsel that wife of the accused/applicant underwent a spinal surgery due to which she developed Parkinson’s disease and there is nobody in the family to take care of her. It is also contended that the accused/applicant needs to come out of jail to make financial arrangements for medical treatment and arranging caretaker for his wife. No other argument has been advanced.

4. On the other hand learned prosecutor strongly opposes the application taking me through different orders whereby, the accused/applicant was granted interim bail by the learned trial court vide orders dated 23.06.2025, 21.07.2025, 18.08.2025 and 17.10.2025, after which further extension was denied vide order dated 15.11.2025.

5. Although the accused/applicant has not sought regular bail on merits of the case, keeping in mind the lenience prayed for, I examined the FIR and the manner of the alleged murder so as to balance the grounds on which liberty is sought by the accused/applicant with the nature and manner of offence allegedly committed by him.

6. I find substance in the view taken by the learned trial court that Parkinson’s disease is not of the kind that would get cured within a short time. It cannot be ignored that the trial is continuing and vital witnesses are yet to be examined. Earlier, the accused/applicant was being granted indulgence repeatedly by the trial court as his wife was undergoing some surgery according to the orders forming part of Annexure P6 (colly). Further, admittedly the accused/applicant is currently in jail since 10.11.2025, so it cannot be that there is nobody to take care of his wife. Gravity of the offence and the manner in which it was committed, that too in the office of an advocate, also has to be kept in mind. The accused/applicant cannot be allowed to ensure evergreening of the interim relief which was granted earlier by the trial court and has met its purpose.

7. As regards the request for indulgence in order to enable the accused/applicant make financial arrangements, learned APP submits that on earlier occasions, the accused/applicant on being granted interim bail, admittedly, sold his assets to make those financial arrangements, so on this count also interim bail cannot be granted.

8. In totality of circumstances, I do not find it a fit case to grant any further indulgence of interim bail. Therefore, the interim bail application and the accompanying applications are dismissed.

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