Pankaj @ Kachodi v. State Of NCT Of Delhi
$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PANKAJ @ KACHODI .....Petitioner Through:
Mr. Deepanshu Goswami, Ms.
Kirti Chauhan, Mr.
Rohit Sahrawat, Advocates.
versus STATE OF NCT OF DELHI .....Respondent Through:
Mr. Utkarsh, APP for State.
Insp. Satyavir Yadav, PS- Hauz Khas.
R-2/complainant(father) in person.
CORAM
HON'BLE MR. JUSTICE PRATEEK JALAN
O R D E R
% 17.01.2026 1.
The petitioner seeks interim bail on medical grounds, in connection with FIR No. 141/2022 registered at Police Station Hauz Khas, under Sections 302/201/120B of the Indian Penal Code, 1860. 2.
Notice was issued in this petition on 16.12.2025, pursuant to which, the father of the victim is present in Court, and submits that he does not seek the assistance of counsel.
3.
Interim bail had earlier been sought before the Sessions Court, in the course of which the prosecution filed a status report and a medical report. Both the said reports are on record before this Court. An updated medical report has also been filed on 13.01.2026. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
I have heard Mr. Deepanshu Goswami, learned counsel for the petitioner, Mr. Utkarsh, learned Additional Public Prosecutor, and Mr. Rakesh Pandey, father of the deceased.
5.
The details of the allegations against the petitioner are contained in the status report filed by the prosecution before the Trial Court. It is stated therein that, on the night of 27/28.02.2022, a PCR call was received regarding firing at Gautam Nagar, as a result of which a person had died. The police arrived at the site, and found blood scattered on the road, empty cartridges and fired bullets, and the body of the deceased with multiple firearm injuries.
6.
The Medico-Legal Certificate recorded that the deceased had suffered numerous gunshot wounds, including fatal shots on the face, head, chest and upper body.
7.
During interrogation of the petitioner, the petitioner disclosed detailed facts with regard to offence, in which he has alleged having participated with seven co-accused. His involvement as alleged, includes firing at the deceased with an illegal firearm. 8.
The petitioner was arrested on 29.02.2022 and remains in prison since, except for a period of interim bail of approximately three weeks granted by the Trial Court vide order dated 21.04.2023 on the ground of illness of his wife.
9.
Mr. Goswami has drawn my attention to two medical reports on record dated 04.12.2025 and 13.01.2026, to submit that the petitioner is suffering from diverse medical conditions which remain persistent. He therefore seeks release of the petitioner on interim bail. 10.
Mr. Utkarsh and Mr. Rakesh Pandey have also made their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
submissions on the medical reports. Additionally, they rely upon an order of the Sessions Court dated 29.05.2025 to submit that the petitioner's conduct is unsatisfactory, and that impediments are being created in the smooth conduct of the proceedings by the Sessions Court by persons known to the accused in the present case, including the petitioner herein. The said order reads as follows:
"PW4 Gaurav Gautam further examined, cross examined and discharged.
PW Jaskaran is present, though he has not been summoned for today. However, he is bound down for the next date.
It is submitted by Naib Court that at least 30-40 persons known to the accused persons are present outside the court which is creating security issues. ASI Satish from PP Saket Courts with guards of the court tried to disperse the crowd but they did not abide. An application has also been moved by 2nd I/C Lockup, seeking permission to produce accused persons through VC. It is submitted that when accused Pankaj was not allowed to meet his relatives without permission, he started abusing, threatening the staff and also tried to self harm. It is therefore, prayed that the accused persons be permitted to be produced through VC.
In view of the above, all the accused persons henceforth be produced through VC in this case till further orders.
List for PE on 26.07.2025.
Copy of the order be sent to Jail Supdt."
[Emphasis supplied.] 11.
Mr. Utkarsh, upon instructions from the Investigating Officer, who is present in Court, has also handed over a copy of complaint of a witness dated 29.05.2025, which suggests that attempts are being made to influence the witness.
12.
Copies of the aforesaid order and complaint are taken on record. 13.
The first medical report, dated 04.12.2025, refers to the petitioner's suffering from lower backache, multiple internal haemorrhoids causing The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
painful defecation, varicose veins and Grade I/II fatty liver, for which he is under follow up treatment at Dr. Baba Saheb Ambedkar Hospital ["the Hospital"], jail visiting specialists and doctors at the jail dispensary. His complaint of backache was stated to have commenced on 10.09.2025, for which he was under treatment at the Orthopaedics Department of the Hospital, and was under medication. He was also under treatment for varicose veins and haemorrhoids at the Surgery Department of the Hospital, and was advised medication as well as other preventive precautions and remedial measures. It was further stated that his complaints of lower backache and pain in lower limbs was persistent despite treatment, but that he remains on follow up treatment from the jail dispensary.
14.
The latest medical report dated 13.01.2026, refers to the same history. The patient was last examined on 10.01.2026 when he continued to complain of lower backache pain, and was advised to continue his medications and back strengthening exercises. He was last taken to the Orthopaedics Department at Safdarjung Hospital on 16.12.2025, wherein he was advised an MRI scan of the lower spine, for which he was given a date of 29.06.2026. The medical report does not disclose any continuing and specific complaint with regard to varicose veins and haemorrhoids, for which he remains under treatment as aforesaid. 15.
Having regard to the aforesaid material on record, I am not inclined to release the petitioner on interim bail. It appears that his medical conditions are being adequately treated by the jail visiting specialist and through treatment at the Hospital. At his latest medical examination, his complaint of lower back pain was the only one stated to be persistent, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
which appears to be a chronic condition.
16.
Mr. Goswami has however expressed concern regarding the fact that the jail authorities have only been able to secure a date for an MRI scan more than six months later. As far as this aspect is concerned, the jail authorities are directed to make an effort to explore whether an earlier date for an MRI scan can be set up at any available facility. 17.
I am also disinclined to grant interim bail to the petitioner in view of the aforesaid order dated 29.05.2025. The order specifically records the complaint of the Lockup In-charge with regard to the present petitioner, and the fact that a large group of persons known to the accused were creating security issues at the time of trial. The complaint of a witness dated 29.05.2025 submitted to the police station also states that he was being pressurised not to give evidence in the present case. 18.
Having regard to the aforesaid material, and particularly to the treatment available for the petitioner's medical conditions through the jail authorities, I do not consider it an appropriate case to grant interim bail on medical grounds at this stage.
19.
The application is therefore dismissed.
20.
The jail authorities are however directed to make an effort to secure an earlier appointment for the applicant's MRI scan, and consequent treatment.
PRATEEK JALAN, J JANUARY 17, 2026 'Bhupi'/AD/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.