1. Interim bail sought in mobile phone snatching case under the Bharatiya Nyaya Sanhita. (Para 1 , 2 )
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2026 Supreme(Online)(Del) 6072
IN THE HIGH COURT OF DELHI AT NEW DELHI
Girish Kathpalia, J
KANAHAIYA JHA – Appellant
Versus
STATE GOVT OF NCT NEW DELHI – Respondent
BAIL APPLN.-1382/2026
Advocates:
For the Appellants/Petitioners: R. D. Singh
For the Respondents: Hemant Mehla
For the Appellants/Petitioners: R. D. Singh
For the Respondents: Hemant Mehla
Interim bail may be granted on humanitarian grounds where the accused and his pregnant wife are both HIV+, and the wife is due for delivery, subject to conditions.
Headnote:(A) Bharatiya Nyaya Sanhita, 2023 - Sections 309(4)/309(6)/311/317(2)/238(b)/3(5) - Interim bail - Offence of mobile phone snatching - Applicant sought interim bail on ground that his wife was pregnant for more than eight months and both were HIV+ - Expected delivery date was imminent - State fairly submitted that bail could be granted with warning not to contact prosecution witnesses - Bail allowed for 8 weeks subject to personal bond of Rs.10,000/- with one surety - Condition imposed that applicant shall not contact any prosecution witness.
Facts of the case:
The accused/applicant was charged under various sections of BNS for mobile phone snatching. He applied for interim bail for 8 weeks on the ground that his wife, who was HIV+ and pregnant for more than eight months, was to be admitted for delivery on 10.04.2026. The applicant himself was also HIV+.
Findings of Court:
Considering the humanitarian circumstances, the court allowed interim bail for 8 weeks subject to furnishing a personal bond of Rs.10,000/- with one surety to the satisfaction of the Trial Court. The applicant was warned not to contact any prosecution witnesses.
Issues: Whether interim bail should be granted on humanitarian grounds due to the advanced pregnancy and HIV status of the applicant and his wife.
Ratio Decidendi: The court granted bail based on the compelling personal circumstances and the state's fair submission, balancing the need for the applicant to be present for his wife's delivery against the nature of the offence. Result : Interim bail allowed for 8 weeks with conditions.
Legal Category Hierarchy
Table of Contents
2. Accused seeks bail due to spouse's pregnancy and medical condition; State does not oppose but seeks protective condition. (Para 3 , 4 )
3. Interim bail granted subject to bond and surety, with condition not to contact witnesses. (Para 5 , 6 , 7 , 8 )
4. What factors may justify grant of interim bail?
Humanitarian grounds, including spouse's pregnancy and serious medical condition, and State's no objection, can justify grant of interim bail. (Para 5 )
$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 09.04.2026 + BAIL APPLN. 1382/2026 & CRL.M.A. 10878/2026 KANAHAIYA JHA .....Petitioner Through: Mr. R. D. Singh, Advocate (through videoconferencing).
versus STATE GOVT OF NCT NEW DELHI .....Respondent Through: Mr. Hemant Mehla, APP for State with SI Gopal Saini, PS Burari.
CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL)
1. The accused/applicant seeks interim bail for 8 weeks in case FIR No. 840/2025 of PS Burari for offence under Section 309(4)/309(6)/311/317(2)/
238(b)/3(5) BNS.
2. Broadly speaking, the allegation against the accused/applicant is of mobile phone snatching. The interim bail is sought by the accused/applicant on the ground that his wife is pregnant for more than eight months and both the accused/applicant and his wife are HIV+.
3. Learned counsel for accused/applicant submits that the expected delivery date was 02.04.2026 but today itself he came to know that now wife of the accused/applicant has to get herself admitted in the hospital for delivery on 10.04.2026.
4. Learned APP assisted by IO/SI Gopal Saini, fairly submits that keeping in mind the above circumstances, the accused/applicant can be granted bail but he must be warned not to try to contact any of the prosecution witnesses.
5. Considering the above circumstances, the present interim bail application is allowed and for a period of 8 weeks from today, the accused/applicant is directed to be released on interim bail subject to his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the Trial Court.
6. The accused/applicant is warned not to contact any of the prosecution witnesses in any manner whatsoever, failing which appropriate consequences shall follow.
7. A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.
8. Accompanying application also stands disposed of.
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15570996b40f80cbd2eee60402c487965f f801e26fa, cn=GIRISH KATHPALIA Date: 2026.04.09 05:14:41 -07'00'
GIRISH KATHPALIA (JUDGE)
APRIL 9, 2026/dr Digitally Signed
