Vikas Balguer v. State Of NCT Of Delhi
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL. APPLN.817/2020 (URGENT) VIKAS BALGUER ..... Petitioner Represented by:
Mr.Abhay Kumar, Adv.
Versus
STATE OF NCT OF DELHI ..... Respondent Represented by:
Mr.Ashish Dutta, APP for State.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
O R D E R
% 06.05.2020 1.
The hearing has been conducted through video conferencing. 2.
Present petition has been filed by the petitioner under section 439 Cr.P.C. for grant of interim bail for a period of two months in pursuance to FIR No.1187/2015 registered at Police Station Hauz Khas for the offences punishable under section 302/308/201/212/34 IPC on the ground that his parents met with an accident and are completely bedridden. 3.
As per the status report, it was found that the father of the petitioner was not present at home and inquiry was made regarding the whereabouts of father of petitioner with the neighbour. Thereafter, it was brought to their notice that he had gone to the market on his scooty without any attendant. Further, the uncle of the petitioner is also residing on the ground floor of the same building. In case of any contingency, he will look after the parents of petitioner.
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4.
It is not in dispute that petitioner is in judicial custody since 31.10.2015. Petitioner was granted interim bail for a period of two weeks to attend last rituals of his grandmother along with other co-accused. Thereafter, he was again granted interim bail for a period of three weeks at the time of birth of his son.
5.
It is also not in dispute that petitioner has never violated any terms and conditions of the bail and surrendered himself on time to the concerned jail.
6.
It is also not in dispute that parents of the petitioner/applicant met with an accident in the month of February, 2020. 7.
Since counsel for the Petitioner has not pressed the bail application of other co-accused persons (two real brothers), petitioner is directed to be released for a period of two weeks from the date of his release so that he would be able to attend to his parents, wife and minor son. 8.
Accordingly, he would be released on bail on his furnishing personal bond in the sum of Rs.25,000/- subject to the satisfaction of the Jail Superintendent concerned.
9.
Petitioner shall not involve himself in any other case and in the event of any report against him, this Court would consider the desirability of cancelling the interim bail.
10.
It is made clear that applicant shall not leave the house except for medical requirements of his parents and he shall follow the directions of Centre/State Government during the lockdown.
11.
In view of above, present petition is allowed and disposed of. 12.
Copy of this order be transmitted to the Jail Superintendent and concerned Trial Court for necessary compliance. Page of 2 of 3
13.
The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through email. SURESH KUMAR KAIT, J MAY 06, 2020/ab Page of 3 of 3