Delhi High CourtCriminal Procedure and EvidenceCriminal Law

Regular bail granted on medical grounds and failure to conduct Test Identification Parade during investigation.

Deepak @ Judiv.State (N.C.T.Of Delhi)

Regular bail granted on medical grounds and failure to conduct Test Identification Parade during investigation.. Deepak @ Judi vs State (N.C.T.Of Delhi). Delhi High Court. LawLens
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In brief

The question

Whether the applicant is entitled to regular bail on medical grounds and due to procedural infirmities regarding his identification

The court held

The court allowed the application and granted regular bail to the applicant

It also directed

The court held that the combination of the applicant's medical condition and the lack of a TIP justified his release

The applicant was directed to be released upon furnishing a personal bond of Rs. 10,000 with one surety of the like amount to the satisfaction of the trial court

01Facts

The applicant seeks regular bail in FIR No. 158/2020 (PS Budh Vihar) registered under Sections 302/34 IPC and Sections 25/27/54/59 of the Arms Act

p. 1, para 1

The FIR originated from a statement by one Deepanshu, alleging that during an altercation, a "tall boy" (allegedly the applicant) stabbed the deceased, Harshdeep Singh

p. 2, para 2

The applicant was not named in the FIR and was granted interim bail on 02.05.2025 due to Chronic Myeloid Leukemia

p. 1, para 1.1

The State opposed the bail, noting that the applicant was identified during the investigation and trial, and was allegedly involved in a robbery while on interim bail

pp. 2-3, para 4

However, the applicant was released in the robbery case following a failed Test Identification Parade (TIP)

p. 3, para 5

All co-accused persons have been released on bail

p. 3, para 6

02Issues

i.Whether the applicant is entitled to regular bail on medical grounds and due to procedural infirmities regarding his identification

p. 3, para 7

03Law Applied

The court primarily applied Section 302 (Murder) and Section 34 (Common Intention) of the IPC, alongside Sections 25, 27, 54, and 59 of the Arms Act

p. 1

It further relied on the discretionary principles governing the grant of bail, specifically considering humanitarian grounds for terminal illnesses (Stage IV cancer) and the evidentiary weight of identification procedures, such as the Test Identification Parade (TIP), in cases where the accused was previously unknown to the witness

p. 3, para 7

Provisions in the judgment · 6 · Linked ones open on LawLens

Arms Act, 1959 Section 25Section 27Section 54Section 59

Indian Penal Code, 1860 Section 302Section 34

04Reasoning

The court balanced the gravity of the offense with the applicant’s deteriorating health and procedural gaps in the prosecution's case.

p. 2, para 1.1 · p. 2, para 3

It noted that the applicant suffers from Stage IV cancer (Chronic Myeloid Leukemia)

p. 2, para 1.1 · p. 2, para 3

Critically, the court observed that the applicant was not known to the complainant de facto and was not named in the FIR, yet the Investigating Officer failed to conduct a TIP

p. 2, para 3

The court found the State’s explanation for this failure insufficient, especially since identification occurred only during the investigation and trial

p. 3, para 7

Furthermore, the court dismissed the State's concern regarding the applicant's alleged criminal antecedents during interim bail, noting he was released in the subsequent robbery case due to a failed TIP

p. 3, para 5

Considering that co-accused persons were already at liberty, the court determined that further incarceration was unwarranted

pp. 3, para 6-7

05Holding

The court allowed the application and granted regular bail to the applicant

p. 3, para 8

The court held that the combination of the applicant's medical condition and the lack of a TIP justified his release

p. 3, para 7

The applicant was directed to be released upon furnishing a personal bond of Rs. 10,000 with one surety of the like amount to the satisfaction of the trial court

p. 3, para 8
Delhi High Court

Original Court PDF

Deepak @ JudivsState (N.C.T.Of Delhi)

Delhi High Court · March 17, 2026

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