Rakesh @ Nanha v. State

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2178/2019 RAKESH @ NANHA ..... Petitioner Through:

Mr Hemant Gulati, Mr Kunal Mittal, Mr Gaurav Kumar, Mr Ashish Singh and Ms Drishti Jha, Advocates.

versus STATE ..... Respondent Through:

Ms Kusum Dhalla, APP for State with SI Anjani Kumar Singh, PS Vasant Kunj South.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 06.09.2019 CRL.M.A. 34793/2019 1.

Allowed, subject to all just exceptions.

BAIL APPLN. 2178/2019 2.

The petitioner has filed the present petition, inter alia, praying as under:- "a.

Direct the release of the Petitioner on interim bail in the above mentioned case during the pendency of the trial in FIR No.

of u/s.

302/201/212/120B/482/420/468/471/174-A/24 IPC & Sec. 25/27/59 Arms Act P.S. Vasant Kunj (South) for a period of one month from the date of his release."

3.

The petitioner has filed the present petition on the premise that his

daughter has suffered a fracture and is in urgent need of assistance. He states that his wife is required to appear in an examination conducted by the State (Karnataka State Diploma in General Nursing and Midwifery Examination, Bengaluru). Although, the date sheet for the said examination was verified, no further verification could be carried out as the admit card had not been furnished. The learned counsel appearing for the petitioner has handed over a photocopy of the admission card issued to the petitioner's wife which indicates that the examination for the third-year candidates is scheduled to be held from 05.09.2019 to 17.09.2019. 4.

The learned counsel appearing for the petitioner states that his wife had already taken an examination in one of the papers. 5.

It is noticed that the present petition is premised on the basis that the petitioner's wife is stationed in Delhi and is required to travel to Bengaluru, only for the purpose of taking the examination. 6.

Although, this has not been verified; at this stage, this Court for the purpose of the present petition, has accepted the same. However, it is brought to the notice of the learned counsel appearing for the petitioner that if any of the statements is found to be false, the interim bail would be cancelled and this would be also taken into account while considering any further applications that may be filed by the petitioner. 7.

With the aforesaid observations, the petition is allowed. The petitioner is granted an interim bail for a period of fourteen days from today. 8.

This is subject to the petitioner furnishing a Bail Bond in the sum of ₹25,000/- and a bond from the surety of an equivalent amount to the satisfaction of the trial court. The petitioner shall also ensure that his contact

details are provided to the trial court and he shall not leave the local area of his residence during the said period.

9.

The petitioner shall also visit P.S. Vasant Kunj South at least twice a week (that is four times during the duration). 10.

The petition is disposed of with the aforesaid observations. 11.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J SEPTEMBER 06, 2019 MK