Rahul Alias Sahil vs State Nct Of Delhi And Anr
- Court
- Delhi High Court
$~76
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%
# CNR No. DLHC010530242026
Date of Decision : 03.11.2026
BAIL APPLN. 4719/2026 & CRL.M.A. 34567/2026
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RAHUL ALIAS SAHIL .....Petitioner
Through: Mr. Pankaj and Mr. Sanjay, Advs.
versus
STATE NCT OF DELHI AND ANR. .....Respondents
Through: Mr. Utkarsh, APP for State along with
Insp. Vijay Kasana, PS DCRS.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
SACHIN DATTA, J. ( ORAL )
1. The present application under section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (‘BNSS’) seeks interim bail for a period of 45 days in
a case arising out of FIR No. 0006/2025 dated 14.03.2025 registered under
sections 103(1)238(a)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) &
sections 25/54/59 of the Arms Act, 1959 at P.S. Delhi Cantt. Railway Station.
2. The only ground for interim bail is that the applicant wants to appear in
th
the Class 10
(Secondary) examinations being conducted by the National
Institute of Open Schooling (NIOS), Delhi.
3. The factual conspectus of the case is that the present applicant, along
with co-accused persons, is accused of assaulting one Pankaj, aged about 22
years, on the night 08 / 09.03.2025 near the Prem Nagar railway crossing,
Patel Nagar, Delhi. It is alleged that the deceased was beaten with pipes,
chased onto the railway tracks, stabbed by co-accused persons and left on the
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Digitally Signed
By:UMANG
Signing Date:03.11.2026
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tracks, where his body was run over by a train. The applicant was arrested on
14.03.2025 and has been in custody since then.
4. The chargesheet dated 11.05.2025 has been filed. Currently, the matter
is at the stage of arguments on charge and is stated to be listed on 04.11.2026.
5. The applicant had earlier moved an application seeking interim bail on
the same ground before the learned trial Court, which was dismissed by the
learned ASJ-04, Central District, Tis Hazari Courts, Delhi vide order dated
29.10.2026, on the ground that, as per the report of the concerned
Superintendent, an examination centre of NIOS is available within the jail
premises and the examination can be conducted there.
6. It is noted that vide order dated 15.09.2026, the learned ASJ-04,
Central District, Tis Hazari Courts had granted interim bail to the present
applicant for a period of 10 days for appearing in the practical examinations,
th
in connection with the same Class 10
examinations. The said order reads as
under:
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By:UMANG
Signing Date:03.11.2026
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7. Learned counsel for the applicant submits that the applicant is a young
man, aged about 21 years, with no criminal antecedents. It is submitted that
the applicant has been allotted an examination centre outside the jail
premises, i.e., Baba Ramdev SKV, Prasad Nagar, Delhi, as reflected in his
hall ticket, which has been verified by NIOS vide communication dated
28.10.2026. It is further submitted that the applicant has complied with the
directions contained in the aforesaid order dated 15.09.2026, whereby the
interim bail was granted for the purpose of appearance in the practical
examinations, and duly surrendered upon expiry of the said period.
8. Learned APP for the State opposes the present application on the
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By:UMANG
Signing Date:03.11.2026
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grounds that the allegations are serious, charges are yet to be framed, and the
examination can be held within the jail premises.
9. It is stated that as per the report dated 25.10.2026 of the
Superintendent, Central Jail No. 8/9, Tihar, an examination centre of NIOS
and IGNOU is available within the jail premises.
10. I have given my thoughtful consideration to the submissions made by
the respective counsel for the parties.
11. The applicant was granted interim bail by the learned trial Court vide
order dated 15.09.2026. Admittedly, he has complied with the terms and
conditions set out in the aforesaid order dated 15.09.2026 and duly
surrendered upon expiry of the period of the interim bail.
12. The examination schedule, as per the hall ticked issued by NIOS, has
been placed on record, and the same reads as under:
Subject Code Subject name Date/Time of
216 Home Science 31-10-2026 (02:30 - 05:00 PM)
202 English 12-11-2026 (02:30 - 05:00 PM)
201 Hindi 18-11-2026 (02:30 - 05:00 PM)
213 Social Science 21-11-2026 (02:30 - 05:00 PM)
608 Basic Computer 02-12-2026 (02:30 - 05:00 PM)
13. The hall ticket has been verified by NIOS vide its communication dated
28.10.2026, which confirms that the examination schedule, subjects, dates
and examination centre mentioned therein are correct. The examination
centre allotted to the applicant is Baba Ramdev SKV, Prasad Nagar, Delhi.
While the report of the Jail Superintendent states that an examination centre
of NIOS is available within the jail premises, nothing has been placed on
record to show that the examination centre of the applicant has been shifted to
the jail, or that NIOS has permitted him to take the examination there.
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Signature Not Verified
Digitally Signed
By:UMANG
Signing Date:03.11.2026
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14. As can be seen, the Home Science paper was scheduled on 31.10.2026
and the remaining theory papers are scheduled to be held on 12.11.2026,
18.11.2026, 21.11.2026 and 02.12.2026. In these circumstances, and
considering that the applicant did not misuse the liberty granted to him earlier,
this Court is of the view that interim bail for a period of one month is
warranted, which would cover the remaining examinations.
15. Accordingly, in these circumstances, the applicant is admitted to
interim bail for a period of one month from the date of release, on furnishing a
personal bond in the sum of Rs. 25,000/- with one surety of the like amount,
to the satisfaction of the learned trial Court, subject to the following
conditions :-
i. The applicant shall surrender before the concerned Jail
Superintendent on the expiry of the period of interim bail;
ii. The applicant/accused shall not leave the country without prior
permission of the Trial Court;
iii. The applicant/accused shall provide his permanent address to the
learned Trial Court and also the address where he will be
residing during the pendency of the case;
iv. The applicant/accused shall intimate the Investigating Officer
(IO) of any change in his residential address and shall file an
affidavit to that effect before the learned Trial Court;
v. The applicant/accused shall furnish his mobile number to the
IO/Station House Officer (SHO) concerned, which shall be kept
in working condition and switched on at all times. The mobile
number shall not be changed without prior intimation to the IO
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during the pendency of the trial;
vi. The applicant/accused shall report to the IO as and when called
upon to do so;
vii. The applicant/accused shall not, directly or indirectly, contact
the complainant, any prosecution witness, and their family
members;
viii. The applicant/accused shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the case, or tamper with the evidence in the case in any
manner whatsoever;
ix. The applicant/accused shall appear before the learned Trial
Court on each and every date of hearing;
x. The applicant/accused shall not indulge in any criminal activity
during the period of bail; and
xi. The applicant/accused shall report to the concerned SHO, on the
every Monday of every month at 11:00 a.m. and be discharged
by 01:00 p.m., after his presence has been recorded and the
necessary formalities have been completed.
16. The present application is disposed of in the above terms.
17. It is clarified that the observations made herein are solely for the
purpose of deciding the present bail application and shall neither influence the
trial proceedings nor be construed as an expression of opinion of this Court on
the merits of the case.
18. A copy of this order be communicated electronically to the concerned
Jail Superintendent for information and necessary compliance.
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Signature Not Verified
Digitally Signed
By:UMANG
Signing Date:03.11.2026
19:30:53
19. Pending application also stands disposed of.
SACHIN DATTA, J
NOVEMBER 3, 2026/ at/ka
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Signature Not Verified
Digitally Signed
By:UMANG
Signing Date:03.11.2026
19:30:53