Anil Kumar v. State

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANIL KUMAR ..... Petitioner Through: Mr.Maninder Singh, Advocate alongwith Mr.Ajay Kumar Pipaniya, Ms.Anurupita Kaur, Ms.Smriti Asmita & Mr.Akash Sethi, Advocates

Versus

STATE ..... Respondent Through: Dr. M.P. Singh, APP for State with SI Md. Imteyaz Alam, P.S. Ali Pur, Delhi.

(Mobile No. 9968560375)

CORAM:

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

O R D E R

% 25.08.2020 1.

The present bail application has been filed on behalf of the petitioner seeking interim bail for a period of 45 days in FIR No. 484/2019, registered under Sections 307/34 IPC and Sections 25/27 of the Arms Act at Police Station Alipur, Delhi.

2.

Learned counsel for the petitioner submits that the petitioner's wife has been diagnosed with spondylodiscal degenerative changes with disc bulge at L4-5 level and L5-S1 and she has been advised to undergo surgery which has been scheduled for 27.08.2020. He submits that the charge-sheet in the present case has already been filed.

3.

Learned APP for the State submits that petitioner at the behest of his brother namely Sunil @ Tillu committed the present offence. He, however, on instructions submits that the medical documents of the petitioner's wife have been verified and were found to be correct and genuine. It is also submited that as per the Status Report, the petitioner is found involved in two other cases being FIR No. 86/2005 registered under Sections 379/411 IPC at Police Station Alipur, Delhi & FIR No. 466/15 registered under Sections 302/307/341/34 IPC & 25/27 Arms Act at Police Station Murthal, Haryana.

4.

At this stage, learned counsel for the petitioner submits that the petitioner has been acquitted in FIR No. 86/2005 registered at Police Station Alipur, Delhi. Learned counsel for the petitioner, on instructions, submits that in case the surgery does not take place on 27.08.2020 or within a week thereafter, the petitioner will surrender.

5.

In view of the facts and circumstances of the case and the fact that the medical documents of the petitioner's wife have been verified, the petitioner is admitted to interim bail for a period of 2 weeks from the date of his release, on his furnishing a personal bond in the sum of 50,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/Duty MM/concerned Court and subject to the following conditions:- (i) The petitioner shall not get in touch with the prosecution witnesses directly or indirectly and shall not make any effort to tamper with the evidence.

(ii) The petitioner shall remain available on his mobile number i.e., 9711180768 which he undertakes to keep operational during the period of interim bail.

(iii) The petitioner shall remain in touch with SI Md. Imteyaz Alam on Mobile No. 9968560375 on every Monday and Friday during the period of interim bail.

(iv) The petitioner shall not leave the NCT of Delhi during the period of interim bail.

(v) The petitioner shall surrender at the expiry of his interim bail before the concerned Jail Superintendent. 6.

With the above directions, the bail application is disposed of. 7.

A copy of this order be communicated to the concerned Jail Superintendent.

MANOJ KUMAR OHRI, J AUGUST 25, 2020 p'ma