Imran Ali @ Babbu v. State (Govt. Of NCT Of Delhi)
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3442/2023 IMRAN ALI @ BABBU ..... Applicant Through:
Mr.Rajesh Pandey and Mr.Gaurav Bidhurin, Advs.
versus STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through:
Mr.Aman Usman, APP with Insp. Ranveer Mavi
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 28.03.2024 1.
This application has been filed under Section 439 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') praying for the applicant to be released on interim bail for a period of two months in FIR No.0507/2015, under Sections 364/302/34 of the Indian Penal Code, 1860 (in short, 'IPC'), registered with Police Station: Sangam Vihar, South-East District, Delhi. 2.
It is stated that the applicant has been in custody since 11.08.2015, and is suffering from Tuberculosis (TB). 3.
The Nominal Roll of the applicant received under the cover letter dated 27.10.2023 of the Superintendent of Prison, Central Jail No.11, Mandoli, Delhi shows that the applicant has been in custody for a period of 5 years, 7 months and 18 days as on 26.10.2023, meaning thereby that till today, he would have been in custody for a period of more than 6 years. He was earlier released on interim bail from 02.07.2020 to 13.03.2021 and from The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
21.05.2021 to 06.04.2023. There is no report of him having misused the indulgence so granted. His medical report has also been received under cover of letter dated 15.12.2023 from the office of Superintendent of Prisons, which confirms that he is suffering from TB.
4.
Though the Medical Report further states that the applicant is being provided with medicines for TB and special diet, and also that the prison has facilities of isolation / quarantine in case need so arises in future, in my opinion, keeping in view the above circumstances, specially the period of custody already undergone by the applicant; his medical condition; and the fact that he had earlier not misused his release on interim bail, the applicant has been able to make out a case for releasing him on interim bail for a period of two months as prayed for.
5.
Accordingly, it is directed that the applicant be released on interim bail for a period of two months from the date of his release in FIR No.0507/2015, under Sections 364/302/34 of the IPC registered with Police Station: Sangam Vihar, South-East District, Delhi on furnishing a personal bond in the sum of Rs.10,000/- with one surety of the like amount, subject to the satisfaction of the learned Trial Court, and further subject to the following conditions:
i.
The Applicant shall not move out of National Capital Region without the prior permission of the learned Trial Court.
ii.
The Applicant shall provide his permanent address to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
learned Trial Court. The applicant shall also intimate the Court, by way of an affidavit, and to the IO regarding any change in his residential address.
iii.
The Applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing. iv.
The Applicant shall provide all/latest/fresh mobile numbers to the IO concerned, which shall be kept by the applicant in a working condition at all times and shall not be switched off or changed by him without prior intimation to the learned Trial Court and the IO concerned. The mobile location be kept on at all times. v.
The Applicant shall not indulge in any criminal activity and shall not communicate with or come in contact, directly or indirectly, with any of the prosecution witnesses.
6.
The bail application is disposed of in the above terms. 7.
A copy of this order be sent to the Jail Superintendent for information and necessary compliance.
NAVIN CHAWLA, J MARCH 28, 2024 RN/ss Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.