Vinod Kumar v. The State (Govt. of N.C.T, Delhi) And Anr.

Interim bail for a period of six weeks is granted to a convict under Section 430 of the Bharatiya Nyaya Suraksha Sanhita, 2023 for arranging funds and providing post-operative care for his wife who has been advised immediate surgery for spinal decompression and fixation [cite: 13, 14, 15].

Interim Bail on Grounds of Wife's Impending Surgery: Where the wife of an appellant has been advised immediate surgery for a serious medical condition and requires post-operative care, interim suspension of sentence and enlargement on bail can be granted subject to strict conditions [cite: 13, 14, 15].

● Section 430 - Bharatiya Nyaya Suraksha Sanhita, 2023 - Can interim bail be granted for the medical surgery and care of an appellant's wife? - Held, yes [cite: 13].

Background / Synopsis:

● The appellant was convicted in Sessions Case 185/2017 arising out of FIR No. 455/2016 dated 23rd December, 2016, registered under Sections 498A/304B/34 of the Indian Penal Code, 1860 at Police Station Bagar Pur, South West Delhi [cite: 13, 14].

● The appellant filed CRL.M.(BAIL) 1763/2026 under Section 430 of the Bharatiya Nyaya Suraksha Sanhita, 2023 seeking interim suspension of sentence and bail for eight weeks on the ground that his wife required immediate surgery [cite: 13, 14].

● The Investigating Officer verified the medical documents of the appellant's wife, though a specific date for surgery was not initially mentioned in the records [cite: 15].

● The High Court considered the medical condition, the verification report, and the interest of justice before granting relief [cite: 15].

Issues For Consideration:

● Whether the appellant is entitled to interim bail for a period of eight weeks under Section 430 of the Bharatiya Nyaya Suraksha Sanhita, 2023 on the ground of his wife's impending spinal surgery and post-operative care [cite: 13, 14].

Submissions Of Parties:

● Petitioner / Appellant:

○ Argued that his wife, Smt. Pushpa Devi, was advised immediate surgery for spinal decompression and fixation, requiring intensive post-operative care and supervision [cite: 14].

○ Submitted that his presence is necessary to arrange funds for medical exigencies and manage family responsibilities, especially since his daughter-in-law is in her eighth month of pregnancy and faces medical risks [cite: 14].

○ Undertook that the surgery would take place within one week of his release on interim bail [cite: 15].

● Respondent / State:

○ Handed over a Status Report dated 9th October, 2026, confirming that the medical documents of the appellant's wife had been verified by the Investigating Officer [cite: 14, 15].

○ Pointed out that no specific date for the surgery was mentioned in the medical documents [cite: 15].

Court's Observations & Analysis:

● Re: Issue: Grant of interim bail for wife's medical treatment

○ The medical condition of the appellant's wife and her impending surgery were duly verified by the Investigating Officer [cite: 15].

○ In view of the medical condition, the verified documents, and the interest of justice, the application for interim bail is considered favorably [cite: 15].

○ Held: Interim bail is granted for a period of six weeks subject to furnishing a personal bond of Rs. 50,000/- with one surety, keeping mobile numbers operational, remaining within the National Capital Region of Delhi, reporting to the police, and surrendering on time [cite: 15, 16].

Decision & Directions:

● The application for interim bail (CRL.M.(BAIL) 1763/2026) is allowed and the appellant is granted interim bail for a period of six weeks from the date of his release [cite: 13, 15].

● The appellant shall furnish a personal bond in the sum of Rs. 50,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent [cite: 15].

● The appellant shall provide his operational mobile number and residential address to the IO/SHO and shall not change them without prior intimation [cite: 15, 16].

● The appellant shall not leave the National Capital Region of Delhi and shall report to the concerned IO/SHO on every second and fourth Saturday at 04:00 PM [cite: 16].

● If the surgery does not take place within one week from release, the appellant must surrender before the Jail Superintendent on 19th October, 2026, by 04:00 PM [cite: 16].

● Upon expiry of the six-week period, the appellant shall surrender on or before 04:00 PM and furnish medical documents relating to the surgery to the Jail Superintendent [cite: 16].

● Separate Opinions: None

Legal Provisions Discussed & Precedents Cited:

● Bharatiya Nyaya Suraksha Sanhita, 2023 - Section 430 governing interim suspension of sentence and bail [cite: 13].

● Code of Criminal Procedure, 1973 - Section 389 [cite: 13].

● Indian Penal Code, 1860 - Sections 498A, 304B, and 34 [cite: 13, 14].

● Precedents Cited: None discussed [cite: 13]

Case Details:

● Case / Party Name: VINOD KUMAR v. THE STATE (GOVT. OF N.C.T, DELHI) AND ANR. [cite: 13]

● Case Number(s): CRL.A. 327/2026 & CRL.M. (BAIL) 1763/2026 [cite: 13]

● Coram / Judges: Hon'ble Ms. Justice Mini Pushkarna - Single Judge [cite: 13]

● Counsel Appearances: Mr. Vaibhav Sharma, Mr. Vinayak Gautam, and Ms. Urvashi Sharma, Advocates for the Appellant. Mr. Nawal Kishore Jha, APP for the State with Mr. Siddharth Shankar Jha and Ms. Kalpana Jha, Advocates, along with SI Nitesh Mahiya, PS Sagarpur, for the Respondents [cite: 13].