[Cites 6, Cited by 0]
Delhi High Court
Furkan @ Faizan vs State Gnct Ofdelhi on 9 February, 2026
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 09.02.2026
+ BAIL APPLN. 86/2026
FURKAN @ FAIZAN .....Petitioner
Through: Ms. Priyal Bhardwaj and Mr. Chetan
Bhardwaj, Advocates.
versus
STATE GNCT OF DELHI .....Respondent
Through: Mr. Amit Ahalwat, APP for State
with Inspector Pankaj Tomar and
Inspector Tribhuvan Negi, PS
Timarpur.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The applicant/accused seeks interim bail in case FIR No. 84/2021 of
Police Station Timarpur for the offence under Section 302/398/201/34 IPC
and Section 25/27 of the Arms Act.
2. Despite two adjournments, status report has not been brought on
record on behalf of State. On last date, learned counsel for accused/applicant
made specific submissions that the submissions advanced by the
investigating officer were not truthful. Recording this submission of learned
counsel for accused/applicant, one more opportunity was granted to
prosecution to file status report, but that has again not been done. It seems
BAIL APPLN. 86/2026 Page 1 of 3 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afe
c45569af3962c6fb4835d435f97626cacca,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1
5570996b40f80cbd2eee60402c487965ff8
01e26fa, cn=GIRISH KATHPALIA
Digitally Signed Date: 2026.02.09 17:53:22 -08'00'
By:NEETU N NAIR
Signing Date:09.02.2026
17:57:41
that State has no serious objection to this interim bail application.
3. Broadly speaking, the accused/applicant seeks interim bail for a
period of 45 days on the ground that his wife has to undergo
Marsupialization, a surgery to treat cysts in vagina by making a slit in the
cyst wall, draining its contents and then stitching the edges of the cyst to the
surrounding skin and tissues, thereby creating a permanent pouch like
opening that allows for continuous drainage and prevents the cyst from
filling.
4. It is further submitted on behalf of the accused/applicant that he has
three minor children in custody of his wife and if she has to undergo that
surgery, there would be nobody to take care of their children.
5. Learned APP submits that earlier also the accused/applicant sought
interim bail on the ground of surgery of his wife but she did not get herself
operated upon, which shows that there is no medical emergency. It is also
contended that the accused/applicant has ten more relatives to take care of
his children.
6. As mentioned above, despite repeated directions, the State has not
filed status report. On last date, when learned counsel for accused/applicant
challenged the truthfulness of submissions advanced by the IO/Inspector
Praveen Kumar, learned APP was granted yet another opportunity to file
status report in writing. But despite that, no status report was filed to state in
BAIL APPLN. 86/2026 Page 2 of 3 pages
DN: c=IN, o=HIGH COURT OF DELHI,
fec45569af3962c6fb4835d435f97626cac
ca, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5
Digitally Signed d15570996b40f80cbd2eee60402c48796
5ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.02.09 17:53:12 -08'00'
By:NEETU N NAIR
Signing Date:09.02.2026
17:57:41
writing that there are other relatives available to take care of wife and/or
children of the accused/applicant during surgery. As regards the wife of the
accused/applicant having earlier not got the surgery done, it is explained by
learned counsel that earlier she did not do so because she has none else to
take care of her children.
7. Considering the above circumstances, the application is allowed and
the accused/applicant is directed to be released on interim bail for a period
of 45 days to take care of his children and ailing wife, subject to his
furnishing a personal bond in the sum of Rs.10,000/- with one surety in the
like amount to the satisfaction of the Trial Court.
8. A copy of this order be immediately transmitted to the concerned Jail
Superintendent for informing the accused/applicant.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4af
ec45569af3962c6fb4835d435f97626cacc
a, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d
15570996b40f80cbd2eee60402c487965ff
801e26fa, cn=GIRISH KATHPALIA
Date: 2026.02.09 17:53:00 -08'00'
GIRISH KATHPALIA
(JUDGE)
FEBRUARY 09, 2026/dr
BAIL APPLN. 86/2026 Page 3 of 3 pages
