Delhi HC Grants Murder Accused One-Month Interim Bail To Sit NIOS Class 10 Exams At Centre Outside Jail

In brief

The question

Whether the applicant should be granted interim bail to appear in the remaining NIOS Class 10 examinations at the centre allotted to him outside the jail.

The court held

The Court allowed interim bail for one month from the date of release, on a personal bond of ₹25,000 with one surety for the like amount, subject to specified conditions, including surrender on expiry of the bail period, attendance at hearings, non-contact with prosecution witnesses, and reporting to the concerned SHO each Monday.

It also directed

The application and pending application were disposed of; the Court clarified that its observations were confined to the bail application and would not affect the trial.

01Facts

The applicant, in custody since 14 March 2025, sought interim bail to sit the NIOS Class 10 examinations.

pp. 1–2

He was charged in connection with the alleged assault and killing of Pankaj; the case was listed for arguments on charge.

pp. 1–2

The trial court had previously granted him 10 days’ interim bail to sit practical examinations, and he surrendered on time.

pp. 2–3

The trial court later refused interim bail for the theory papers, relying on a jail superintendent’s report that NIOS and IGNOU examination facilities were available in the jail.

p. 2

The applicant’s hall ticket, verified by NIOS, identified an examination centre outside the jail at Baba Ramdev SKV, Prasad Nagar, and listed the remaining papers for 12 November, 18 November, 21 November and 2 December 2026.

pp. 3–4

02Issues

i.Whether the applicant should be granted interim bail to appear in the remaining NIOS Class 10 examinations at the centre allotted to him outside the jail.

pp. 1, 4–5

ii.Whether the availability of an examination centre within the jail was sufficient to refuse interim bail when there was no evidence that NIOS had shifted the applicant’s allotted centre or permitted him to sit the examinations in jail.

p. 4

03Law Applied

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the statutory basis for the application for bail.

p. 1

The Court applied its discretion to grant temporary release, assessing the applicant’s verified examination arrangements, his prior compliance with interim bail and surrender, and the State’s objections concerning the seriousness of the allegations and the availability of examinations in jail.

pp. 3–5

No precedent was cited.

Provisions in the judgment · 7 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483

Bharatiya Nyaya Sanhita, 2023 Section 103 Section 238 Section 3

Arms Act, 1959 Section 25 Section 54 Section 59

04Reasoning

The Court considered the applicant’s NIOS-verified hall ticket, which confirmed both the examination schedule and his allotted centre outside the jail.

p. 4

Although the jail superintendent reported that NIOS and IGNOU examination facilities were available within the jail, there was no material showing that the applicant’s centre had been shifted or that NIOS had authorised him to take the examinations there.

p. 4

The applicant had also complied with the earlier interim-bail order and surrendered when required.

p. 3, 5

In those circumstances, the Court found that one month’s interim bail was warranted to cover the remaining examinations, notwithstanding the State’s objections.

p. 5

05Holding

pp. 5–6

The application and pending application were disposed of; the Court clarified that its observations were confined to the bail application and would not affect the trial.

pp. 6–7

LawLens.Delhi High Court

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