Delhi High Court – Orders
Sunder Bora vs State Of Nct Of Delhi on 23 July, 2025
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3781/2024
SUNDER BORA .....Petitioner
Through: Mr. N. Hariharan, Senior Advocate
with Mr. S.P.M. Tripathi, Mr. Ashish
Tiwary, Ms. Punya Rekha Angara,
Ms. Vasundhara N., Mr. Aman
Akhtar, Ms. Sana Singh,
Ms.Vasundhara Raj Tyagi and
Mr.Vinayak Gautam, Advocates.
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Sanjay Jain, Senior Advocate
with Mr. Akhand Pratap Singh, SPP
with Mr. Nishank Tripathi, Ms.
Harshita Sukhija, Ms. Samridhi
Dobhal, Mr. Krishna Mohan Chandel,
Mr. Hritwik Maurya and Mr. Aashrit
Sukhija, Advocates.
Ms. Priyanka Dalal, APP for the
State.
ACP Virender Kadyan and Inspector
Pradeep RAi, Section - 1, EOW.
CORAM:
HON'BLE MR. JUSTICE ARUN MONGA
ORDER
% 23.07.2025
CRL.M.(BAIL) 1435/2025
1. The applicant herein has been implicated for alleged offences under
Sections 170/ 384/ 386/ 388/ 419/ 420/ 506 /186/353/468/471 of IPC read
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with sections 3,4, 12 and 21(4) of the MCOCA, 1999 read with Section 66D
of IT Act.
2. Indulgence of this court is sought for grant of interim bail on the
ground of attending to his ailing wife who has to undergo imminent surgical
procedure by way of laparoscopy. She has been diagnosed with
dysfunctional uterine bleeding and fibromyoma.
3. The interim bail is being vehemently opposed on the ground that the
applicant is using the medical condition of his wife as an ostensible
humanitarian ground, coupled with the fact that the said reason does not
appear to be genuine as, in the past, he has been accorded the benefit of
interim bail/ extension thereof as many as three times by the learned Trial
Court.
4. It is only when the Trial Court vide order dated 09.06.2025, cautioned
the applicant that he is misusing the concession and, therefore, no further
extension shall be accorded to him that he eventually surrendered . Thus, in
order to now overreach the order dated 09.06.2025, the present application
has been filed seeking the same relief from this court.
5. The aforesaid submission is countered by learned senior counsel
appearing for the applicant stating that the grant of interim bail at first
instance and extension thereof, which resulted in order dated 09.06.2025,
was on the ground of medical ailment of the applicant himself and not his
wife. He would submit that the wife’s diagnosis is a subsequent
development and the same has been duly certified by a reckoned medical
specialist in Gynaecology, namely, Dr. Vineeta Kapoor who has advised
surgery at Medanta hospital.
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6. As per the medical opinion, which I have perused, applicant’s wife
has indeed been advised immediate surgical intervention by a laparoscopic
surgeon for removal of the fibroids. Medical certificate dated 10.07.2025 of
the doctor has also been verified by the prosecution as per the status report
dated 21.07.2025, which has been tendered in course of hearing. The same
be also digitized and brought on the court file. Perusal thereof reveals that
the medical condition of the wife is though not disputed, but since the
applicant in past has availed interim bail and extension thereof on multiple
occasions, therefore, the instant application is being opposed.
7. On a query as to whether any biopsy has been conducted qua the
malignancy, learned senior Counsel appearing for the applicant states that it
is only this very reason of which the applicant is highly apprehensive and
worrisome and he must be accorded interim concession so as to ascertain the
benignness or malignancy, which can only be done after the slated surgery
for which he has to make all arrangements, but only if he is let off from
custody.
8. In the interim bail application, it is stated that there are no other
family members to look after the wife and two minor children, who are in 5th
and 10th classes, which is not opposed in the status report.
9. In the peculiar circumstances, given the current medical condition of
the applicant’s wife and the applicant being the only immediate member of
the family to attend to her, it is deemed appropriate that he be accorded the
benefit of interim bail for a period of two weeks, to attend to the medical
emergency of his wife.
10. In the premise, applicant is enlarged on bail for a period of two
weeks, subject to his furnishing bail bonds to the satisfaction of the learned
This is a digitally signed order.
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 24/07/2025 at 22:21:52
Trial Court/duty Judge as the case may be. His bail period shall be effective
from the date he is realised and he shall surrender before the Jail
Superintendent before 7 PM on the expiry of the bail period, date for which
shall be specifically determined by the learned Trial Court/duty Judge at the
time of furnishing the bail bonds.
11. The bail application stands disposed of.
12. Order be given ‘Dasti’ under signatures of the Court Master.
BAIL APPLN. 3781/2024
13. List on 12.08.2025, the date already fixed.
ARUN MONGA, J
JULY 23, 2025
kd
This is a digitally signed order.
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 24/07/2025 at 22:21:52
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