Rakesh Kumar v. State NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3228/2020 RAKESH KUMAR ..... Petitioner Through:

Ms. Geeta Luthra, Sr. Advocate with Ms. Shivani Luthra Lohiya, Ms. Asmita Narula, Advocates versus STATE OF UTTAR PRADESH AND ORS.

..... Respondents Through:

Ms. Neelam Sharma, APP for State Mr. Vinod Diwakar, Additional Advocate General for State of U.P.

+ BAIL APPLN.800/2020 RAKESH KUMAR ..... Petitioner Through:

Ms. Geeta Luthra, Sr. Advocate with Ms. Shivani Luthra Lohiya, Ms. Asmita Narula, Advocates versus STATE NCT OF DELHI ..... Respondent Through:

Ms. Neelam Sharma, APP for State.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 21.05.2020 CM APPL.No.11241/2020 in W.P.(C) 3228/2020 Exemption allowed, subject to all just exceptions. CM APPL.No.11242/2020 in W.P.(C) 3228/2020 Exemption allowed, subject to learned counsel for the petitioner

undertaking to make good the defects within two weeks after resumption of regular functioning of the Court.

W.P.(C) 3228/2020 1.

Issue Notice. Ms. Neelam Sharma, learned APP for the State of NCT of Delhi, and Mr. Vinod Diwakar, learned Additional Advocate General for the State of Uttar Pradesh, accept notice. With consent of counsel, the petition is taken up for disposal. 2.

The petitioner is undergoing trial in a case arising out of FIR No.14/2014, Police Station Anand Parbat, Delhi. By an order dated 08.05.2020 passed in Bail Appl. 800/2020, he was granted interim bail for a period of two weeks in view of the death of his father on 08.04.2020. He was released pursuant to the said order on 09.05.2020. During the aforesaid period, he has travelled to his native place in District Ayodhya in the State of Uttar Pradesh.

3.

It is stated in the petition that, in order to comply with the order of the Court, the petitioner has applied to the State of Uttar Pradesh for issuance of an e-pass to enable him to travel back to Delhi during the present national lockdown necessitated by the Covid-19 pandemic. However, the pass has not yet been issued.

4.

Mr. Diwakar submits that the e-pass will be issued in favour of the petitioner and other accompanying persons, including the driver of the vehicle, by tomorrow. He states that the representative of the petitioner may contact the office of the District Magistrate, Ayodhya for this purpose. In the event of any difficulty in obtaining the pass, learned counsel for the petitioner may also contact Mr. Diwakar, who assures the

Court that he will facilitate the issuance of the pass by tomorrow. 5.

In view of Mr. Diwakar's statement as aforesaid, no further orders are required in this petition.

6.

The petition stands disposed of.

CRL.M.A.6682/2020 in BAIL APPLN.800/2020 Exemption allowed, subject to learned counsel for the petitioner undertaking to make good the defects within two weeks after resumption of regular functioning of the Court.

CRL.M.A.6681/2020 in BAIL APPLN.800/2020 1.

This is an application for extension of the interim bail granted to the petitioner by the order dated 08.05.2020. Ms. Geeta Luthra, learned Senior Counsel for the petitioner, submits that in view of the order passed above in W.P.(C)3228/2020, the petitioner seeks two days' extension of time for surrender. She does not press any other relief in this application. 2.

In view of order passed above in W.P.(C)3228/2020, it is made clear that the petitioner will be required to surrender before the Jail Superintendent on 24.05.2020. Learned counsel for the parties are at liberty to communicate the terms of this order to their clients. 3.

The application stands disposed of in these terms. MAY 21, 2020/j PRATEEK JALAN, J