Manoj v. State NCT Of Delhi

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1433/2020 MANOJ ..... Petitioner Through: Mr.Kanhaiya Singhal, Advocate

Versus

STATE NCT OF DELHI ..... Respondent Through: Ms.Radhika Kolluru, APP for State

CORAM:

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

O R D E R

% 08.07.2020 1.

The present bail application has been filed on behalf of the petitioner seeking interim bail in FIR No. 0055/2016 under Sections 3 & 4 of MCOCA registered at Police Station Crime Branch.

2.

Learned counsel for the petitioner submits that the petitioner's father is suffering from heart ailments and has been advised open-heart surgery. He has referred the medical prescription to show that the petitioner's father has been asked to undergo Angiography/open-heart surgery. 3.

On the last date of hearing, notice was issued and a Status Report was directed to be filed.

4.

The Status Report has been placed on record. As per the Status Report, it has been stated that although the medical documents of the petitioner's father have been verified however, it has been stated that the father is residing with the petitioner's elder brother namely Ashok alongwith BAIL APPL 1433/2020

his wife at Rohtak. Learned counsel for the petitioner, on instructions, disputed the said fact.

5.

As per the Status Report, the statement of petitioner's father, namely, Nahar Singh has been recorded and placed on record. As per the statement of the petitioner's father, his elder son resides with him and is taking care of him.

6.

It is stated that the petitioner is unmarried and as per the FIR, the petitioner is facing trial in FIR No. 0055/2016 under Sections 3 & 4 of MCOCA.

7.

Learned APP for the State submits that as per the FIR, the petitioner is involved in 23 cases under Sections 302/364A/384 IPC in the State of Delhi and Haryana which includes the murder of Jail Warden of Hissar and Retired Inspector Ram Kishan Dahiya of Haryana. She further referred to the FIR to submit that the petitioner had escaped from the Behror Jail, Rajasthan in August, 2003.

8.

Looking into the facts and circumstances of the case and the fact that the petitioner's elder brother is there to take care of petitioner's ailing father, I find no ground to admit the petitioner on interim bail. 9.

Accordingly, the bail application is dismissed. MANOJ KUMAR OHRI, J JULY 08, 2020 p'ma BAIL APPL 1433/2020