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High Court of DelhiBAIL APPLN./991/2020

Umar Ali v. State Of NCT Of Delhi

2020-05-28Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN 991/2020 UMAR ALI ..... Petitioner Through: Mr. Vishal Raj Sehijpal, Advocate

Versus

STATE OF NCT OF DELHI .... Respondent Through: Mr. Ashok Kumar Garg, APP for State with SI Manmohan

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI (VIA VIDEO CONFERENCING)

O R D E R

% 28.05.2020 1.

The present bail application has been filed seeking interim bail for a period of eight weeks in FIR No.

26/2011 under Sections 302/396/412/120B/34 IPC registered at Police Station Ashok Vihar, Delhi on the ground that the petitioner's mother in unwell. 2.

The Status Report has been filed. As per the Status Report, the medical documents of the petitioner have been verified to be correct. However, it is stated that besides petitioner his family consists of six sisters and two brothers, out of which five sisters and one brother are married and one younger brother and sister reside with the mother. 3.

Learned counsel for the petitioner submits that the petitioner is in judicial custody since 24.02.2011. It has been stated that the petitioner's mother Sarvari is suffering from Chronic Obstructive Pulmonary Disease and has been referred to Higher Centre for medical treatment. 4.

In view of the facts and circumstances of the case, the petitioner is

admitted to interim bail for a period of six weeks on his furnishing a personal bond in the sum of Rs.50,000/- to the satisfaction of concerned Jail Superintendent. In view of the unprecedented pandemic situation on account of COVID-19, resolution dated 07.04.2020 of the 'High Powered Committee' and the consequent order dated 09.04.2020 passed by Division Bench of this Court in W.P.(CRL.) 779/2020 titled as "Court Of Its Motion v. State", the requirement of furnishing a surety bond is dispensed with at this stage. The interim bail is subject to the following conditions:- (i) The petitioner shall not get in touch with the complainant or any other prosecution witness directly or indirectly and shall not make any effort to tamper with the evidence. (ii) The petitioner shall provide his mobile telephone number to the concerned IO/SHO which he undertakes to keep operational at all times and shall further remain in touch on telephone with the I.O. Manmohan (Mobile No.

9871859689) on every Monday during the period of his release.

(iii) The petitioner shall surrender at the expiry of his release period.

5.

With the above directions, the bail application is disposed of. 6.

A copy of this order be communicated to the concerned Jail Superintendent electronically, who shall make necessary arrangements for the travel pass so that the petitioner can travel to his native place in Moradabad, U.P.

MANOJ KUMAR OHRI, J MAY 28, 2020 p'ma