Mohd. Ismail v. The State (NCT Of Delhi)

$~3 (SB) * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2119/2020 MOHD. ISMAIL ..... Petitioner Through:

Mr. Sudhir Kumar Santoshi, Adv.

versus THE STATE (NCT OF DELHI) ..... Respondent Through:

Ms. Manjeet Arya, Ld. APP with SI Surender Singh, Special Cell NR

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 18.08.2020 This matter is being heard through video-conferencing. 1.

This is a petition filed by the petitioner for his release on interim bail for a period of one month on the ground of marriage of his daughter namely Ms. Sheeba Bano on August 25, 2020.

2.

It is noted that FIR No. 57/2019, u/S 18/21/29/61/85 of the NDPS Act has been registered against the petitioner and other persons on April 04, 2019. The petitioner has been arrested on the same day. 3.

In brief the allegations against the petitioner are that he was found in possession of 14 kgs of heroin. Since then the petitioner is in custody. The learned counsel for the petitioner has drawn my attention to the marriage invitation card at Annexure P-3 (Colly), which reveals that the marriage is on August 25, 2020 at Village Badwal, Post Office Gaanhari, Distt.

Barabanki, Uttar Pradesh. He states that being a father, the presence of the petitioner for marriage and other functions is required. 4.

On the other hand, Ms. Manjeet Arya has drawn my attention to the status report filed by the State to contend the seriousness of the charges against the petitioner. That apart, she also states that the police have verified the aspect of marriage from the neighbours in the Village Badwal and as per the statements, the marriage is scheduled on August 25, 2020. She concedes to the fact that this aspect has not been reflected in the status report but she confirms on the basis of the statements, the aspect of marriage of the daughter of the petitioner.

5.

Noting the fact that the allegations against the petitioner are of very serious nature, this Court is of the view that the petitioner is not entitled to the relief as prayed for in the petition, except that the petitioner shall be entitled to attend the marriage of his daughter on August 25, 2020, for which the petitioner shall be taken in custody by plain clothes policemen on August 24,2020 to the village named above. The petitioner shall attend the marriage on August 25, 2020. After marriage ceremony is over, immediately thereafter, the petitioner shall be brought back to Delhi for his continuance in custody in the Jail concerned. 6.

The petitioner shall follow proper social distancing measures. It is expected that the police authorities shall take the petitioner with proper security. The petition is disposed of.

V. KAMESWAR RAO, J AUGUST 18, 2020/ak