Naresh Kumar Mittal v. State Govt. Of NCT Of Delhi

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. No. 862/2020 NARESH KUMAR MITTAL ..... Appellant Through:

Mr.Ajayinder Sangwan, Advocate versus STATE GOVT OF NCT OF DELHI ..... Respondent Through:

Mr.M.S. Oberoi, APP for State.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 08.05.2020 Crl.M.A. No. 6181/2020 and and Crl.M.A. No. 6182/2020 Exemptions allowed, subject to just exceptions. Bail Appln. No. 862/2020 Vide the present petition, the petitioner seeks grant of interim bail for a period of 45 days in the wake of the outrage of COVID-19. As regards the prayer seeking grant of bail, the prayer is opposed on behalf of the State. It is essential also to observe that vide order dated 31.10.2019 in Bail Appln. No. 1935/2019, the application seeking grant of bail was declined.

It has however been submitted by the learned counsel for the petitioner that the co-accused in the matter i.e. the wife of the petitioner has since been arrested and the petitioner has also made a payment partly to the M/s Cholamandalam to whom the property in question stood already mortgaged. Inter alia, it has been submitted on behalf of the petitioner that the children of the petitioner, i.e., two daughters and one son are in

psychological stress in the wake of COVID 19. In reply to a specific Court query, it is now submitted on behalf of the petitioner that all the three children are adults.

As regards the pandemic, it is essential to observe that as on date there is no COVID 19 positive in the jail. In the circumstances, presently there is no ground for the grant of interim relief. The application is declined. However, in the interest of justice, it is directed that in the event of there being even a single positive inmate of COVID-19 found in the Tihar Jail, the applicant is permitted to seek redressal afresh. ANU MALHOTRA, J MAY 08, 2020 sv