Kavitender Kumar @ Santosh Anand v. State ( Govt Of NCT)

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1112/2020 KAVITENDER KUMAR @ SANTOSH ANAND ..... Applicant Through:

Ms. Saahila Lamba, Ms. Priyanka Kapoor, Advs.

versus STATE ( GOVT OF NCT) ..... Respondents Through:

Mr. Izhar Ahmad, APP for State

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 16.06.2020 Vide order dated 04.06.2020, the application filed by the applicant seeking grant of regular bail was declined. However, in view of the alternative prayer that had been made seeking grant of interim bail in relation to the ailment of the wife of the applicant, the status report was called for from the State qua the medical document that was sought to be placed on record by the applicant. The status report has since been received as submitted by the State which verifies the factum of the applicant's wife requiring urgent treatment with blood transfusion being necessary during the operation with also presence of her spouse. The said status report also indicates that there are parents of the applicant living in the family and learned counsel for the applicant also submits that there are two minor daughters of the applicant.

In the circumstances, in as much as there is a document qua the ailment of the wife of the applicant placed on record as verified by the State

which indicates that it is a life saving surgery that is required, despite opposition made on behalf of the State that the applicant did not seek grant of interim bail before the learned trial Court, in the interest of justice, in view of the verification report on the record, it is considered appropriate to grant the interim bail to the applicant for a period of 20 days on filing a bail bond of Rs.50,000/- with one surety of the like amount to the satisfaction of the Superintendent Jail, Delhi. In as much as the wife of the applicant is seeking treatment at A.N. Magadh Medical College (P.S.M.) Gaya, the applicant is permitted only to visit his native village at Gaya, Bihar with further directions that:

 he shall make no contact with the prosecution witnesses;  he shall commit no offence whatsoever;

 he shall drop a pin on the google map to keep his mobile location on at all times;

 he shall telephonically mark his presence to the SHO, PS I.P. Estate on every 3rd day during the period that he is on interim bail;  he shall mark his presence before the Superintendent of Police, Gaya on every 10th day during the period that he is on interim bail;  he shall surrender on the 20th day of his release before the superintendent Jail, Delhi.

The application is disposed of.

ANU MALHOTRA, J JUNE 16, 2020 vm