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High Court of DelhiBAIL APPLN./1892/2019

Baljeet Singh v. State Of Delhi

2019-08-27Hon'Ble Mr. Justice Vibhu Bakhru3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1892/2019 BALJEET SINGH ..... Petitioner Through:

Mr Ravinder Kumar Yadav, Mr Vinayak Sharma and Ms Arti Anupriya, Advocates.

versus STATE OF DELHI ..... Respondent Through:

Mr Amit Gupta, APP for State.

SI Anjani Kumar Singh, PS Vasant Kunj (South).

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 27.08.2019 1.

The petitioner has filed the present petition, inter alia, praying that he be released on interim bail for a period of three months in respect of FIR No.121/2013 registered with PS Vasant Kunj (South) under Section 302/201/120-B of the Indian Penal Code, 1860. 2.

The petitioner states that his wife is suffering from schizophrenia and is in need of constant care.

The petitioner has placed on record the Out Patient Card (OPD card) of his wife dated 21.08.2019 which records the petitioner's request that she be admitted to the hospital (Institute of Human Behaviour & Allied Sciences - IBHAS). The OPD card also indicates that the petitioner and his wife had visited IBHAS on 23.08.2019 and has been advised to continue medication at Safdarjung Hospital with follow up on

Tuesday/Thursday/Saturday at 8:30 AM for a detailed assessment on OPD basis.

3.

The learned APP has opposed the present application. He points out that the petitioner has been granted interim bail by the trial court from 19.05.2018 to 26.10.2018 and 28.11.2018 to 23.05.2019 on the ground of treatment of his wife.

He also points out that on 26.06.2019, the petitioner was granted further interim bail for a period of four weeks. 4.

The documents filed on record clearly indicate that the petitioner's wife is in need of treatment. The question whether she requires to be admitted or requires to be treated as an out patient may not be that material for considering the petitioner's request, since it is apparent that she is in need of medical care.

5.

It is seen that the petitioner has been released on interim bail on several occasions and there is no allegation that he has misused the same. It is also pointed out that the trial is over and the matter is listed for final arguments.

6.

In view of the above, the present petition is allowed and the petitioner is released on interim bail for a period of eight weeks. This is subject to the petitioner furnishing a Personal Bond in the sum of ₹50,000/- with one surety of the like amount to the satisfaction of the learned trial court/Metropolitan Magistrate/Deputy Metropolitan Magistrate. The grant of interim bail is also subject to following conditions: - a) The petitioner shall not leave the territory of Delhi/NCR; b) The petitioner shall not try to contact or influence any of the witnesses connected with the case;

c) The petitioner shall give his mobile number to the Jail Superintendent

and ensure that the said mobile is active at all times. d) The petitioner shall submit his residential details and shall inform the same to the Jail Superintendent of any change therein. 7.

The petitioner shall ensure that he shall remain present before the trial court on all dates fixed for hearing.

8.

Needless to state that if any of the above conditions are violated, the interim bail granted to the petitioner shall be revoked. 9.

The petition is disposed of in the aforesaid terms. 10.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J AUGUST 27, 2019 MK