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High Court of DelhiBAIL APPLN./2028/2024

Babulal Bawariya (In Jc) v. State Of NCT Of Delhi

2024-06-07Hon'Ble Mr. Justice Vikas Mahajan3 pages

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2028/2024 BABULAL BAWARIYA (IN JC) ..... Petitioner Through:

Mr Tushar Singh, Mr Akhilesh Yadav, Mr Anil Jha, Ms Akshra Arshi, Ms Sumrita Das and Ms Jyoti Sharma, Advocates.

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

Mr Laksh Khanna, APP for the State with SI Sangeeta, PS S. B. Dairy.

Mr Chirag Verma, Advocate for complainant.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 07.06.2024 1.

The present bail application has been filed under Section 439 CrPC seeking interim bail on the ground that the wife of the petitioner is suffering from severe mental disease and she is admitted in hospital since 20.05.2024. 2.

Learned counsel for the petitioner submits that the younger brother of the petitioner passed away in November, 2023 and the petitioner has two minor children and the parents of the petitioner are old and ailing. 3.

Notice in this application was issued vide order dated 03.06.2024 with a direction to the State to file a status report. 4.

A status report has been handed over today in the Court, the same is taken on record.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

A perusal of the status report shows that the factum of illness of the petitioner's wife (severe mental condition) has been verified. It has also been verified that she is admitted in hospital at Jaipur from 20.05.2024 for hear treatment and continues to be admitted till date. 6.

In view of the above, the petitioner is entitled to interim bail. Accordingly, the petitioner is released on interim bail for a period of four weeks from the date of his release subject to his furnishing a Personal Bond in the sum of Rs.20,000/- and one Surety Bond of the like amount to the satisfaction of the Trial Court/CMM/Duty Magistrate, further subject to the following conditions:- a) Petitioner shall provide mobile number to the IO concerned which shall be kept in working condition at all times and he shall not change the mobile number without prior intimation to the Investigating Officer concerned.

b) Petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with the witnesses. c) Petitioner shall make call to the Investigating Officer concerned on every Saturday at 11.00 AM apprising him about his whereabouts. d) Upon expiry of the period of interim bail, the petitioner shall surrender before the concerned Jail Superintendent. 7.

At this stage, the learned counsel for the petitioner submits that he had appeared on the last date before this Court on 03.06.2024, however, his appearance has not been reflected in the said order. 8.

The appearance of the learned counsel for the petitioner is not disputed by the learned APP for the State.

9.

In view of the above, the appearance of Mr Tushar Singh, learned The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

counsel for the petitioner shall be read into the order dated 03.06.2024. 10.

The application stands disposed of.

11.

Copy of the order be forwarded to the concerned Jail Superintendent for necessary compliance and information.

12.

Order be uploaded on the website of this Court. 13.

Order dasti under signatures of the Court Master. VIKAS MAHAJAN (VACATION JUDGE) JUNE 7, 2024 MK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.