$~145

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 349/2026

TUSHAR GOEL .....Petitioner

Through: Mr. Avadh Bihari Kaushik, Ms.

Saloni Mahajan & Mr. Rishabh

Kumar, Advocates.

versus

STATE (NCT OF DELHI) AND ANR. .....Respondent

Through: Mr. Akhand Pratap Singh, SPP

with Ms. Samridhi Dobhal,

Advocate. CORAM:

HON’BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 14.01.2026

CRL.M.A. 1294/2026 (for exemption

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

CRL.M.C. 349/2026 & CRL.M.A. 1295/2026 (for stay

1. The applicant, who is the accused in FIR No. 455/2024 dated 02.10.2024, seeks extension of interim bail granted to him by the learned Special Court, vide order dated 23.12.2025. The FIR has been registered at P.S. Special Cell, New Delhi, under Sections 8/20/21/25/29 of the

Narcotic Drugs and Psychotropic Substances Act, 1985.

2. I have heard Mr. Avadh Bihari Kaushik, learned counsel for the applicant, and Ms. Samridhi Dobhal, learned counsel for the respondents. 3. By order dated 23.12.2025, the learned Special Court granted interim bail to the applicant until 03.01.2026, on account of a proposed

surgery of his mother for spinal decompression and fusion. The surgery was originally scheduled for 22.12.2025, at Max Super Specialty Hospital, Saket, New Delhi [“Max Hospital”]. The applicant was duly released on 23.12.2025.

4. Interim bail was extended by the learned Special Court by order dated 03.01.2026, until 13.01.2026, and the applicant was directed to surrender today, i.e. 14.01.2026. In the order dated 03.01.2026, it was noted that the surgery was to take place at Kalra Hospital SRCNC Private Limited, Kirti Nagar, New Delhi [“Kalra Hospital”], on 07/08.01.2026.

5. The applicant thereafter moved another application for extension. It was stated therein that the proposed hospital was changed due to the cost of surgery at Max Hospital being beyond the applicant’s reach. However, when the applicant’s mother was admitted to Kalra Hospital on 07.01.2026, she suffered severe chest pain and was admitted to the Intensive Care Unit. The surgery could, therefore, not take place. The applicant’s mother has since been discharged on 11.01.2026, and is to report for review on 16.01.2026. The request for further extension was rejected by the learned Special Court, by the impugned order dated

13.01.2026.

6. Before this Court, the applicant has placed on record the discharge summary dated 11.01.2026, issued by Kalra Hospital, which corroborates the applicant’s contention that his mother is to be taken for a review on

16.01.2026.

7. Having heard learned counsel for the parties, I do not consider it appropriate to extend the applicant’s release on interim bail indefinitely, until his mother’s surgery is, in fact, undergone. The surgery has already been postponed twice, once on account of change of hospital, and thereafter, because of the patient’s health. No further date has been fixed, as of now. The surgery is admittedly not for an emergency or life-

threatening condition.

8. However, bearing in mind that the applicant admittedly is the only child of his parents, and that his mother’s medical review is fixed for 16.01.2026, the period of interim bail is extended until 16.01.2026, subject to the conditions as specified by the learned Special Court in its order dated 23.12.2025. The applicant is directed to surrender on

17.01.2026.

9. Once the applicant’s mother has consulted the doctor on 16.01.2026, if and when any further date is fixed for surgery, the applicant may move the learned Special Court at that stage afresh, for interim bail. If such an application is made, it shall be considered by the learned Special Court on its own merits.

10. The petition, alongwith pending application, stands disposed of in the aforesaid terms.

11. The order be communicated to the concerned Jail Superintendent today.

PRATEEK JALAN, J JANUARY 14, 2026 ‘pv/KA’/