$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 03.02.2026 + BAIL APPLN. 228/2026 AMIT GULIA .....Petitioner Through: Mr. Jitendra Sethi, Senior Advocate with Mr. Hemant Gulati and Mr.

Shobit Dimri, Advocates.

versus STATE GOVT OF NCT OF DELHI .....Respondent Through: Mr. Amit Ahlawat, APP for State with ACP Rahul Kumar Singh and Inspector Sundeep Yadav, PS Special Cell.

CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL)

1. The accused/applicant seeks interim bail for a period of six weeks in case FIR No. 163/2019 of PS Special Cell for offence under Section 3(1)

and 3(4) of MCOC Act.

2. Status report in terms with last order was not filed. It has been repeatedly observed in almost all cases that status reports are not filed by the State in time. However, keeping in mind the issue of liberty, that too, an interim liberty on medical grounds, I find no reason to adjourn the matter.

D Si i g gi n ta a l t l u y r S e i g N n o ed t Verified G KA IR T I H SH P ALIA DD26Cps0cD e n .9 9 oO iN a 5 r g = a 9 s t i . U :4 a i e f t 6G tc 3 aR l . : a b 2 N = I 9 l 2 T R l C 4 0I 6 u 0 y I N 0 oO = S 2 m 2 f s, d H 8cF 6 8 io be g 46 . 0 D K = 0 =e 0f n c b A2 E H r 1 1 e b= 4 . L T d 1 0 Id d G H8 d H 0 d 3 2 b 3 3 H I0 P 8 e , 1 5 y C e0 A 8 e 7 C d 8 I3 G 9 eL D : O 4 6 4 , b I6 I A 3 7 R s 3 U - 2 0 t 5 9 I : 7 R = 7 4 3 S f 6 0 H a 0 T 7 9 D4 4 7 2 7 O - e5 K 7 7 c 0 6 l1 AF 6 4 h b 8 2 e 3 8 T i ' 26 D 0 ,c 8 7 H fc 4 E 0 6 , 9 a P 5 L ' 5c 6 AH c f 50 LI a f , 7 I , A e 8b o4 05 ua 1d =f e e 1 H 2 c 5 I 6 4G 5f 5 7a H5 , 3. Learned APP for State has shown me the relevant documents and the same have been shared with the learned senior counsel for accused/applicant as well.

4. Broadly speaking, the accused/applicant seeks six weeks interim bail on the ground that his mother has to undergo knee replacement surgery.

5. Learned APP for State, assisted by IO/Inspector Sundeep Yadav, strongly opposes the interim bail application on three grounds. Firstly, it is contended on the basis of a certificate issued by MAX Hospital that the surgery for knee transplant is not an emergency but elective surgery, which can be performed even later. Secondly, learned APP for State has referred to statement of mother of the accused/applicant detailing out the number of relatives available, who can take care of mother of the accused/applicant at the time of surgery. Thirdly, it is contended that the accused/applicant is involved in as many as 27 cases of serious nature including three pending trial murder cases out of which one case is of double murder.

6. On the other hand, learned senior counsel for accused/applicant has taken me through record, contending that none of the arguments advanced on behalf of State holds merit when it comes to consideration of interim bail. Learned senior counsel for accused/applicant has also referred to the interim bail granted to two of the co-accused persons, who also are involved in number of cases and who duly surrendered upon expiry of interim bail period. Further, learned senior counsel for accused/applicant submits that out of those 27 cases, three cases were for murder and in all those three D Si i g gi n ta a l t l u y r S e i g N n o ed t Verified G KA IR T I H SH P ALIA DD29Cps9cD e n .a 6 oO iN a 5 r g f =b s t i . U3 :4 a i e t 4G tc 9 aR l . : a 0 2 N = I 6 l 2 T R l C f 0I 2 u 0 8 y I N oO = S c m 2 0 s, d H 86F 6 c io be g 4f b . Db K = 0 =e 0 n dA 4 2 E H r 1 1 e 2= 8 . L T d 1 0 Id e G H3 d H 0 d 3 b 5 3 H I0 P 8 , 1 d y C e0 A 8 6 7 C 4 8 I3 G 9 0L D : O 3 6 4 , b I4 I A 5 7 R s 3 U - 2 0 t f 9 I : 7 R = 7 2 2 S 9 6 0 H a c T 5 7 D4 4 4 7 6 O - e5 K 7 8 7 0 2 l1 AF 6 7 h b 8 6 e 3 9 T i ' 2c D 0 ,c 8 6 H af 4 E 0 6 ,c 5 P 5 L ' 5 f AH c af 80 L , I , 07 I o A e 1b u4 e5 =a 2d Hf 6 e 1 I f cG 5a 4 5, H 5 7 5 0 6 9 cases, the accused/applicant got discharged, which clearly shows fabrication on the part of police in order to ensure that the accused/applicant remains behind the bars. It is also