Rahul v. State

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 729/2020 RAHUL ..... Petitioner Through:

Mr M.N. Dudeja and Mr Aditya Mishra, Advocate.

versus STATE ..... Respondent Through:

Ms Kusum Dhalla, APP for State.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 18.06.2020 [Hearing held through videoconferencing] 1.

At the outset, MS Dudeja the learned counsel appearing for the petitioner submits that the present petition be considered as the petition seeking interim bail on compassionate grounds and in view of his mitigating circumstances.

2.

He states that the father of the petitioner has passed away and his brother is disabled. He states that he has two sisters who require to be looked after and his mother is the only bread winner in the family. He further states that the family is facing severe hardship in view of the outbreak of COVID19. 3.

The nominal roll indicates that the petitioner has been in custody for over 11 months and 9 days as on date. Although there are several cases that have been instituted against the petitioner, it is seen that none were instituted prior to the year 2019. Mr Dudeja submits that all of the FIRs have been instituted after the petitioner was taken into custody. The trial in the present case is likely to be delayed and the prosecution evidence is yet to be

recorded.

4.

In view of the above mitigating circumstances, this Court considers it apposite to allow the present petition and grant the petitioner interim bail for a period of eight weeks from the date of his release. 5.

The petitioner shall be released on his furnishing a personal bond in the sum of ₹20,000/- to the satisfaction of the Jail Superintendent. This is also subject to following further conditions: (a) That the petitioner shall not contact, either directly or indirectly, the victim or any of his family members;

(b) The petitioner shall provide a contact number and ensure that he is reachable at all times;

(c) That the petitioner shall not leave the National Capital Territory of Delhi; and (d) That the petitioner shall mark his presence to the concerned Police Station (Police Station Madhu Vihar) on Monday of every other week (alternate Mondays).

6.

The petition is allowed in the aforesaid terms. 7.

This order be communicated to the jail authorities electronically. VIBHU BAKHRU, J JUNE 18, 2020 RK