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High Court of DelhiBAIL APPLN./591/2026

Shamsher @ Rajeev v. The State (NCT Of Delhi) & ANR.

2026-02-16Hon'Ble Dr. Justice Swarana Kanta Sharma2 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 591/2026 SHAMSHER @ RAJEEV .....Petitioner Through:

Counsel (appearance not given).

versus THE STATE (NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State along with SI Seema Bhati.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 16.02.2026 1.

By way of the present application, the applicant is seeking grant of interim bail on medical grounds for a period of 45 days in case arising out of FIR bearing no. 228/2022, registered at Police Station Tigri, Delhi, for the commission of offences punishable under Sections 354/370/376/120-B/500 of the Indian Penal Code, 1860 (hereafter 'IPC') and Sections 6/8/10 of the Protection of Children from Sexual Offences Act, 2012 (hereafter 'POCSO Act').

2.

The medical status report qua the applicant has been handed over to the Court today. The same is taken on record. 3.

The relevant contents of the said report, including the opinion of the concerned doctor of Sir Ganga Ram Hospital, reads as under: "11. That the applicant/accused had filed medical documents along with his bail application. For the purpose of verification of the said medical documents, notices U/s 94 BNSS were served to the concerned hospitals. In The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/02/2026 at 11:56:18

response, Sir Ganga Ram Hospital has sent its reply and the medical documents have been found genuine as per their record. Doctor of Sir Ganga Ram Hospital has given the following findings.." A. The abovenamed patient, Shamsher Kumar (Hospital registration number 3683356) visited our outpatient Department on 21.01.2026. B. He was being treated for painful defection with intermittent bleeding per rectum. DiagnosisFissure in ano. C. The advice /recommendations given by the concerned doctor (S) included conservative treatment for 1 month followed by surgery at 1 month or earlier if the condition worsens. D. The following surgery was advised: Evaluation under anesthesia and proceed for lateral internal analysis Sphinctertomy if the symptoms worsen. E.

The estimated duration required for completion of the advice treatment -the conservative treatment to be taken at his place of residence for 1 month as prescribed in the OPD slip and to review for surgery after 1 month i.e. expected on 21 February 2026 and to decide if the patient need surgery which would require 2 days of hospital stay. F. The expected recovery period and approximate time required to resume normal activities -2 weeks if in case of surgical intervention.

4.

In view of the above medical report, the learned APP appearing on behalf of the State does not oppose the present interim bail application. 5.

Considering the overall facts and circumstances of the present case, the fact that this Court had earlier granted interim bail on medical grounds to the applicant for a period of one month vide order dated 16.01.2026, which is to expire today and also keeping in mind the medical condition of the applicant and the period of custody undergone by him, this Court is inclined to grant interim bail to the applicant for a period of 02 weeks date of expiry of his previous interim bail, on same terms and conditions as imposed vide order dated 16.01.2026 passed by this Court.

6.

Accordingly, the present application stands disposed of. 7.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J FEBRUARY 16, 2026/A/AP The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/02/2026 at 11:56:18