Ajay Sharma @ Lucky v. The State, Govt. Of NCT

$~7 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 660/2020 AJAY SHARMA @ LUCKY ..... Petitioner Through:

Ms Archana Sharma and Mr Divakar Upadhyay, Advocates.

versus THE STATE, GOVT. OF NCT ..... Respondent Through:

Ms Kusum Dhalla, APP for State.

Inspector Vijay Kumar Gupta and ASI Sumeet Kumar, PS Nabi Karim.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 20.03.2020 1.

The petitioner has filed the present petition praying for interim bail for medical reasons.

2.

The petitioner was arrested in connection with FIR bearing no. 0506/2015 under Sections 364A/120B/506/34 of the IPC, registered with PS Nabi Karim. He was taken into custody on 24.06.2016 and has been in custody since. He was released on interim bail on several occasions. 3.

The medical report has been furnished, which indicates that MRI of the petitioner's spine was conducted on 16.12.2019 and it is suggestive of "lumbosacral transitional vertebra with disco degenerative changes most marked at L4-L5 level". It is also reported that medication is being provided to the petitioner. He is suffering from back ache and is facing difficulty in performing daily activities.

4.

Ms Dhalla, learned APP states that considering the outbreak of Coronavirus, it would not be feasible for the petitioner to take any medical treatment from a hospital and it is unlikely that hospitals will provide him any medical treatment. There is merit in the said contention. However, it does appear that the petitioner is facing immense discomfort and it would be apposite to release him on an interim basis for him to seek such medical treatment as may be available and/or the assistance of his family members. 5.

Accordingly, the petition is allowed and the petitioner is granted bail for a period of four weeks from today on his furnishing a personal bond in the sum of ₹35,000/- with two sureties of an equivalent amount to the satisfaction of the concerned Trial Court. The petitioner would not contact, either directly or indirectly, any of the witnesses. He shall not leave the National Capital Territory of Delhi. Further, he shall provide his mobile number and ensure that he is reachable at all times. 6.

The hearing scheduled on 16.04.2020 stands cancelled. 7.

Order dasti under signature of the Court Master. VIBHU BAKHRU, J MARCH 20, 2020 RK