Sandeep @ Kala @ Kale @ Sonu @ Sinothia v. State, NCT Of Delhi
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 4479/2025 & CRL.M.A. 34650/2025 % Date of Decision: November 27, 2025 SANDEEP @ KALA @ KALE @ SONU @ SINOTHIA .....Applicant Through:
Mr. Jitendra Sethi, Senior Advocate with Mr.
Hemant Gulati and Mr.
Shobit Dimri, Advs.
versus STATE, NCT OF DELHI .....Respondent Through:
Mr. Ritesh Kumar Bahri, APP for the State with Mr.
Lalit Luthra, Adv. with Insp.
Sundeep Yadav, Special Cell.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J.
1.
By the present bail application, the applicant seeks interim bail for a period of six weeks in FIR No. 163/2019 dated 19.09.2019, registered at Police Station Special Cell New Delhi, for offences under Sections 3/4 of the Maharashtra Control of Organised Crime Act, 1999 ('MCOC Act'), on the ground that his wife has to undergo surgery.
2.
The Status Report has been filed, which indicates that the wife of the applicant has been diagnosed as a case of prolapsed intravertebral disc in the lumbar spine and has been advised to undergo Microdiscectomy. The surgery for the same has been
fixed for 01.12.2025.
3.
The application for release of the applicant on interim bail is opposed by the learned Additional Public Prosecutor ('APP') for the State stating that the main accused, who is the gang leader, namely, Kapil Sangwan is still absconding after being declared as Proclaimed Offender.
4.
He submits that in such circumstances, chances of the applicant also not surrendering pursuant to his release cannot be ruled out.
5.
He submits that the present FIR was registered under the provisions of the MCOC Act after obtaining relevant sanction and it was found that the applicant along with other accused persons is involved in multiple cases of serious nature. 6.
He submits that six other FIRs have been registered against the applicant, two of them being for offence under Section 302 of the Indian Penal Code, 1860 ('IPC').
7.
It is not disputed that the applicant has already been admitted on bail in all the cases which are pending against him. The last FIR against the applicant was registered way back in the year 2016. The applicant is now in custody for more than 04 years in the present FIR.
8.
The co-accused, who was also arrested along with the applicant in the present FIR, was granted the benefit of interim bail by the learned Trial Court noting the various medical ailments he was suffering from.
9.
It is pointed out that the said co-accused was granted the benefit of interim bail despite the fact that he, at some stage, was
also declared as a Proclaimed Offender in one of the FIRs in which he was named as an accused.
10.
The said co-accused person, pursuant to his release on interim bail, has also surrendered.
11.
Even though it is contended by the learned APP for the State that the surgery to be conducted on the applicant's wife does not require his presence, it is not disputed that the other family members of the applicant are his parents, who are senior citizens, and two minor children. The surgery though is stated to be a routine surgery, but cannot be said to be a minor one. 12.
In the opinion of this court, the applicant is entitled for being released on interim bail to look after his wife. 13.
In view of the above, the applicant is directed to be released on interim bail for a period of 10 days from the date of his release, on his furnishing a bail bond for a sum of ₹1,00,000/- with two sureties of the like amount, subject to the satisfaction of the concerned Jail Superintendent on the following conditions : a.
The applicant 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 of the case, in any manner whatsoever; b.
The applicant shall, upon his release, provide the address where he would be residing after the release and shall not change the address without informing the concerned IO/ SHO;
c.
The applicant shall, upon his release, give his mobile number to the concerned IO/SHO and shall keep
his mobile phone switched on at all times;
d.
The applicant shall not leave the country without the permission of the learned Trial Court.
14.
The present bail application is allowed in the aforesaid terms. Pending application also stands disposed of. AMIT MAHAJAN, J NOVEMBER 27, 2025 'KDK'