Babita v. The State (Govt. Of N.C.T. Of Delhi) & ANR.
$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7348/2024 BABITA .....Petitioner Through:
Mr. Bharat Gupta, Mr. Ankit Rana and Mr. Tushar Rohmetra, Advs.
versus THE STATE (GOVT. OF N.C.T. OF DELHI) & ANR.
.....Respondents Through:
Mr. Amit Ahlawat, APP for State with Insp. Dheeraj Yadav, PS Subhash Place Mr. Maninder Singh, Sr Adv. with Mr Ajay Kumar Pipaniya, Mr Paras Punyani, Mr Gopesh Jindal, Mr Harjas Singh, Mr Lavish Chikara, Ms Nikita, Ms Diksha Dharia, Advocates for R-2
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 19.09.2024 1.
Pursuant to the notice issued by order dated 17th September 2024, Senior Counsel appears for respondent no.2-accused. 2.
Verification report by the State has also been filed stating that the surgery of knees of respondent no.2's mother Smt. Krishna Yadav, which was otherwise scheduled for 20th September 2024, has now been fixed for 20th September 2024, as the doctor found her blood pressure higher. Medical prescription issued has been verified from the doctor concerned. 3.
The verification report further states that family of respondent no.2accused consists of his mother Smt. Krishna Yadav, 75 years of age (whose 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 30/09/2024 at 11:54:19
knee surgery is scheduled for 20th September 2024), his elder son Pratham Yadav, aged 22 years and younger son Jai Yadav, aged 17 years. 4.
Counsel for petitioner, who is family of victim in this case of triple murder, where three generations of his family had been killed, contends that as per the interim bail application filed before the Sessions Court, respondent no.2 had himself admitted that his family further includes Mr. Dinesh Yadav (elder brother of accused) Poonam (elder sister of accused) and Suman Yadav (younger sister of accused). It was further stated in the said application that these family members had been financially assisting respondent no.2's family. APP for the State that material witnesses are currently under examination.
5.
It may be noted that by previous order dated 10th November 2022 in CRL.M.C.5705/2022 where the earlier interim bail granted had been curtailed by previous order of this Court to 7 days. 6.
The Court is conscious of the seriousness and the magnitude of the offence, and the submissions of the parties, however considering that interim bail is expiring on 21st September 2024 and surgery is scheduled for tomorrow i.e. on 20th September 2024, there is no necessity of cancelling the interim bail already granted. Accordingly, no further directions are required and respondent no.2 shall surrender before the Jail Superintendent on expiry of his interim bail.
7.
Petition is disposed of with above directions. 8.
Order be uploaded on the website of this Court. ANISH DAYAL, J SEPTEMBER 19, 2024/sm 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 30/09/2024 at 11:54:19