Istiyak @ Istiyak Kalia (In Jc) vs State (Govt. Of Nct) Of Delhi

$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 06.11.2026
# CNR No. DLHC010504792026
BAIL APPLN. 4458/2026
+
ISTIYAK @ ISTIYAK KALIA (IN JC) .....Petitioner
Through: Ms. Tara Narula and Mr.
Harshvardhan Jain, Advs.
versus
STATE (GOVT. OF NCT) OF DELHI .....Respondent
Through: Mr. Utkarsh, APP for the State
SI Sandeep, PS Mayur Vihar

CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA

SACHIN DATTA, J. ( ORAL )

Crl.M.(Bail) 1999/2026 ( filed on behalf of applicant seeking grant of interim
bail)
1. The petitioner/applicant is facing trial in FIR No. 624/2020, registered
at P.S. Mayur Vihar, under Sections 147/148/149/302/307/120B/34 of the
Indian Penal Code, 1860 and Sections 25/27 of the Arms Act, 1959.
2. It is pointed out that the petitioner’s/applicant’s regular bail application
( i.e. , Bail Application No. 4458/2026) is coming up for hearing on
18.11.2026.
3. By way of the present application, the petitioner/application seeks
interim bail on medical grounds.
4. It is noticed that the applicant has been in custody (in Central Jail No.

12) since 08.07.2021.
Signature Not Verified
BAIL APPLN. 4458/2026 Page 1 of 4

Digitally Signed
By:ABHISHEK THAKUR
Signing Date:07.11.2026
11:36:42

5. It transpires that the petitioner/applicant, with an alleged history of
physical assault by a co-inmate, visited Jail OPD/Emergency on 31.08.2026
with complaints of pain in the bilateral testicular region and right hand.
Thereafter, on 19.09.2026, the petitioner/applicant was referred to the
Department of Surgery of GTB Hospital for the complaint of abdominal pain
and bleeding in the rectum. This was recorded in the report dated 29.09.2026,
prepared by the Medical Officer-in-Charge, Central Jail No. 12, New Delhi.
6. Subsequently, this Court, on 16.10.2026, and again on 02.11.2026,
directed the concerned Jail Superintendent to file a report detailing the
medical condition of the petitioner/applicant, along with his relevant medical
records. However, the said direction has not been complied with.
7. In the circumstances, in the absence of compliance by the Jail
Authorities with the aforesaid directions issued by this Court, this Court has
considered the present application based on the material placed on record by
the petitioner/applicant.
8. The Supreme Court in Mukesh Kishanpuria v. State of West Bengal ,
(2010) 15 SCC 154 , remarked upon the powers of the Court to grant interim
bail in the following manner:
“ 3. However, the petitioner may apply for regular bail before the Court
concerned and along with the said application, he may file an
application for interim bail pending disposal of the regular bail
application. We have made it clear on a number of occasions that the
power to grant regular bail includes the power to grant interim bail
pending final disposal of the regular bail application. This power is
inherent in the power to grant bail, particularly in view of Article 21
of the Constitution of India . We are of the opinion that in view of
Article 21 of the Constitution, a person should not be compelled to go to
jail if he can establish prima facie that in facts of the case he is
innocent. ”
Signature Not Verified
BAIL APPLN. 4458/2026 Page 2 of 4

Digitally Signed
By:ABHISHEK THAKUR
Signing Date:07.11.2026
11:36:42

(emphasis supplied)
9. In Arvind Kejriwal v. Directorate of Enforcement , (2024) 9 SCC 577 ,
relying upon the observations by this Court made in Athar Pervez v. State
(NCT) of Delhi it was observed as under:
, 2016 SCC OnLine Del 6662
“ 20. The expression “interim” bail is not defined in the Code. It is an
innovation by legal neologism which has gained acceptance and
recognition. The terms, “interim” bail/“interim” suspension of
sentence, have been used and accepted as part of legal vocabulary and
are well known expressions. The said terms are used in
contradistinction and to distinguish release on regular bail during
pendency of trial or appeal till final adjudication. Applications for
“interim” suspension or bail are primarily moved and prayed for,
when the accused or convict is not entitled to or cannot be granted
regular bail or suspension of sentence, or the application for grant of
regular bail is pending consideration and is yet to be decided.
“Interim” bail entailing temporary release can be granted under
compelling circumstances and grounds, even when regular bail
would not be justified. Intolerable grief and suffering in the given
facts, may justify temporary release, even when regular bail is not
warranted. Such situations are not difficult to recount, though
making a catalogue would be an unnecessary exercise.
”
(emphasis supplied)
10. Considering the circumstances, particularly the medical status report
dated 29.09.2026, the petitioner is released on interim bail till 18.11.2026, on
furnishing a personal bond in the sum of Rs.25,000/- with surety of like
amount to the satisfaction of the trial Court / Duty Magistrate, subject to the
following conditions:
a) He shall get himself examined and treated at a government
hospital and file the treatment records before the trial Court on or
before 17.11.2026;
Signature Not Verified
BAIL APPLN. 4458/2026 Page 3 of 4

Digitally Signed
By:ABHISHEK THAKUR
Signing Date:07.11.2026
11:36:42

b) He shall not leave the NCT of Delhi and shall not contact the
complainant or any witness; and
c) He shall surrender before the Jail Superintendent on 19.11.2026,
unless otherwise directed on 18.11.2026.
11. The application stands disposed of in the above terms.



SACHIN DATTA, J
NOVEMBER 6, 2026/ cl/vk/sd


Signature Not Verified
BAIL APPLN. 4458/2026 Page 4 of 4

Digitally Signed
By:ABHISHEK THAKUR
Signing Date:07.11.2026
11:36:42