Agbahia Ikenna v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 980/2018 AGBAHIA IKENNA ..... Petitioner Through:

Ms. Hansa Kaul and Ms. Shivangi Nanda, Advs.

versus STATE ..... Respondent Through:

Mr. Amit Ahlawat, APP for State

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 31.08.2018 Crl.M.A. 8108/2018 (exemption) Allowed subject to all just exceptions.

BAIL APPLN. 980/2018 This application was moved on 11.04.2018 for release of the petitioner on interim bail for a period of three months to make arrangement for medical treatment of his wife, the medical papers (Annexure B) submitted with the application indicating her name to be Nasuko Wini. The petitioner had given his address as House No. 46, second floor, Gali No. 9, Vipin Garden Extension Uttam Nagar, Delhi 110059. The verification report dated 29.05.2018 would show that when the police officials visited the said house, they were met by a lady named Rukundo Swaburo (page 4 of the status report) who claimed to be the wife of the petitioner living with her son Amos. The documents in the nature of birth certificate of the said child would substantiate the claim that the BAIL APPLN. 980/2018

petitioner is the father but the said birth certificate would show the name of the mother to be Nazza Ukow.

In these circumstances, the claim that Nasuko Wini is the wife of the petitioner is highly suspect and doubtful. In absence of any further proof and confirmation of the said fact, no good grounds are made out for considering the release of the petitioner on interim bail in case FIR no.109/15 under Section 21/29 NDPS Act and 14 of Foreigner's Act, of police Station Crime Branch.

The petition is dismissed.

R.K.GAUBA, J AUGUST 31, 2018/uj BAIL APPLN. 980/2018