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High Court of DelhiBAIL APPLN./2060/2024

Mohan Gupta v. State NCT Of Delhi

2024-06-07Hon'Ble Mr. Justice Dinesh Kumar Sharma2 pages

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2060/2024 MOHAN GUPTA ..... Petitioner Through:

Ms. Shivani Sharma and Ms. Pooja Roy, Advocates.

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

Mr. Yudhvir Singh Chauhan, APP for State alongwith SI Vishan Kumar P.S.

ANTF, Crime Branch.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 07.06.2024 CRL. M.A. 18194/2024 (exemption) Exemption is allowed, subject to all just exceptions. BAIL APPLN. 2060/2024 1.

The present petition under Section 439 of Code of Criminal Procedure (Cr.P.C.), 1973 read with Section 482 Cr.P.C. has been moved by the petitioner seeking interim bail for 15 days to attend the last rites/rituals of his father, in FIR No. 54/2023 registered at P.S. Crime Branch for the offences punishable under Sections 21(c)/29 NDPS Act.

2.

Learned counsel for the petitioner submits that the father of the petitioner, namely, Mr. Sarvesh Kumar Gupta expired on 04.06.2024. He further submits that the learned Trial Court on application being moved by the petitioner only granted permission to attend the cremation ceremony in the custody. However, learned counsel for the petitioner submits that the petitioner may be admitted to interim bail to be with the family and attend the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/06/2024 at 14:33:47

list rites/rituals on the death of his father. 3.

Issue notice.

4.

Learned APP accepts notice and fairly submits that an appropriate order may be passed in accordance with law.

5.

Considering the facts and circumstances, purely on humanitarian ground without going into the merits of the case, the petitioner is admitted to interim bail for a period of 15 days from the date of his release, on furnishing a personal bond in the sum of Rs.50,000/- with two sureties of the like amount to the satisfaction of the concerned court/MM/CMM/Duty MM with the following conditions:

a) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case; b) The petitioner shall provide his mobile number(s) to the Investigating Officer and keep it operational at all times; c) The petitioner shall remain available at his residential address i.e. D1/165, D-Block, Sultanpuri near D7 police booth, Delhi-110086, during the entire period of interim bail.

d) In case of change of residential address and/or mobile number (8586878510), the appellant shall intimate the same to the Investigating Officer/ Court concerned by way of an affidavit. e) The petitioner shall report to the IO on every Tuesday during the period of interim bail and shall not tamper evidence. 6.

The present petition is disposed of, in above terms. DINESH KUMAR SHARMA, J (VACATION JUDGE) JUNE 07, 2024 / ssc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/06/2024 at 14:33:47