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High Court of DelhiBAIL APPLN./3828/2024

Usman v. The State Govt. Of NCT Of Delhi

2024-10-25Hon'Ble Mr. Justice Anish Dayal3 pages

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3828/2024 USMAN .....Petitioner Through:

Mr. Sandeep Chauhan, Mr. P. Pratap Singh and Mr. Durgesh Chaudhary, Advocates.

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

Mr. Amit Ahlawat, APP for State with ASI Sachin Singh, PS: Crime Branch.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 25.10.2024 1.

Pursuant to the previous order dated 21st October, 2024, Status Report has been filed by the State verifying the medical records. The statement has been recorded by one doctor Nityanand Sharma who had provided the prescription dated 10th October, 2024, he has stated that the petitioner is suffering from Hepatitis B infection which is not critical right now but with time if not properly treated, it may become so. He stated that he needs antiviral medication and follow up for the progress of his disease. 2.

The statement has been recorded of the Government hospital at Muzaffarnagar, Uttar Pradesh where petitioner had gone for examination previously.

3.

The doctor has stated that he is suffering from Hepatitis B and kidney stone. Illness, as per the doctor was normal not critical, patient was seen only The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

one time, accordingly, duration of the treatment cannot be commented. 4.

APP for States opposes any further extension of interim bail on this basis. However, considering the opinion of the doctor who had examined him in the private hospital in Muzaffarnagar, Uttar Pradesh "Gastro Liver Care Centre", the Court is of the opinion that interim bail granted by order dated 03rd September, 2024, extended by order dated 04th October, 2024, in FIR no. 261/2023 under Sections 20/29 NDPS, PS Crime Branch, Delhi be extended for a period of 4 weeks.

5.

In light of the above, this Court is inclined to grant interim bail to the petitioner for a period of six weeks from the date of release on furnishing a personal bond in the sum of Rs. 25,000/- with one surety of the like amount subject to the satisfaction of the Trial Court, further subject to the following conditions:

i.

Petitioner will not leave the country without prior permission of the Court.

ii.

Petitioner shall provide permanent address to the Trial Court. The petitioner shall intimate the Court by way of an affidavit and to the IO regarding any change in residential address. iii.

Petitioner shall appear before the Court as and when the matter is taken up for hearing.

iv.

Petitioner shall join investigation as and when called by the IO concerned.

v.

Petitioner shall provide all mobile numbers to the IO concerned which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the IO concerned.

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

vi.

Petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses, the victim/complainant or any member of the victim/complainant's family or tamper with the evidence of the case.

6.

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

7.

It is made clear that since the treatment, if any, is continuing and is not critical, counsel for petitioner is advised to seeks instructions in this regard. 8.

APP for State shall ensure that the status report be filed on record. 9.

'Dasti'

10.

Accordingly, the application is disposed of.

ANISH DAYAL, J OCTOBER 25, 2024/RK 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.