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High Court of DelhiBAIL APPLN./687/2025

Asad Totla v. State Govt Of NCT Of Delhi

2025-02-17Hon'Ble Mr. Justice Vikas Mahajan3 pages

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 687/2025 ASAD TOTLA .....Petitioner Through:

Mr. Akshay Bhandari, Adv.

versus STATE GOVT OF NCT OF DELHI .....Respondent Through:

Mr. Utkarsh, APP for State with SI Himanshu, PS. Jafrabad.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 17.02.2025 CRL.M.A. 4924/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

BAIL APPLN. 687/2025 3.

The present petition has been filed under Section 439 CrPC read with Section 483 BNSS seeking interim bail on the ground that the petitioner wishes to meet his mother who is suffering from Stage-IV cancer and is in the last stage of her life.

4.

Mr. Akshay Bhandari, the learned counsel for the petitioner submits that the petitioner is presently in custody in respect of two cases viz., (i) FIR No. 246/2022 under Sections 392/397/411/34 IPC and Sections 25/27 of Arms Act registered at Police Station Preet Vihar and, (ii) FIR No. 715/2022 under Sections 302/201/120B/34 IPC registered at Police Station Jafrabad. 5.

He submits that the petitioner had applied for interim bail in both the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

aforesaid case FIRs, however, the petitioner was granted interim bail for a period of 15 days from 01.02.2025 to 15.02.2025 in case FIR No. 246/2022 by the Additional Sessions Judge-03, Karkardooma Courts, Delhi vide order dated 03.01.2025, but only custody parole was granted in the present case for a period of 06 hours.

6.

He submits that the factum of the petitioner's mother suffering from Stage-IV cancer was duly verified by the I.O concerned and the Status Report to that effect was placed on record before the learned ASJ-04, Karkardooma Courts, Delhi.

7.

In view of the above, issue notice. The learned APP for the State accepts notice.

8.

Mr. Utkarsh, the learned APP, on instructions from the I.O, who is present in Court, fairly states that the factum of petitioner's mother suffering from the Stage-IV Cancer has been verified.

9.

In view of the above, the petitioner is granted interim bail for a period of two weeks subject to his furnishing a Personal Bond in the sum of Rs. 25,000/- and one Surety Bond of the like amount to the satisfaction of the learned Trial Court/ACJM/Duty JM, further subject to the following conditions:

a) Petitioner shall appear before the Court as and when the matter is taken up for hearing.

b) Petitioner shall provide mobile number to the IO concerned which shall be kept in working condition at all times and he shall not change the mobile number without prior intimation to the Investigating Officer concerned.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

c) Petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with the witnesses. 10.

Upon expiry of period of two weeks as stated above, the petitioner shall surrender before the Jail Superintendent.

11.

Mr. Bhandari, on instructions, state that the extension of the present interim bail will not be sought on the same ground. The statement is taken on record.

12.

The petition stands disposed of.

13.

Copy of the order be forwarded to the concerned Jail Superintendent for necessary compliance and information.

14.

Order dasti under signatures of the Court Master. 15.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J FEBRUARY 17, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.