Rehman v. State (NCT) Of Delhi

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1277/2017 REHMAN ..... Petitioner Through Mr.B.S. Chowdhary, Adv.

versus STATE (NCT) OF DELHI ..... Respondent Through Mr.Amit Chadha, APP for State with SI C.B. Sharma.

CORAM:

HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 01.08.2017 1.

The petitioner has moved this Court under Section 439 read with Section 482 Code of Criminal Procedure, 1973 for grant of interim bail for two months in order to enable to take care of the wife who is in critical stage of pregnancy.

2.

Status report has been filed.

3.

Learned counsel for the petitioner submits that the wife of the petitioner is in advance stage of pregnancy. He submits that she is unwell. He relies upon the ultrasound report dated 23rd January, 2017 issued by Zaina Diagnostic and Imaging Centre. He also relies upon pathological laboratory report dated 11th January, 2017 when her TSH was found normal i.e. 4.04.

4.

At this stage, learned counsel for the petitioner points out that the wife of petitioner is present in court.

5.

Per contra, the request of the petitioner is vehemently opposed by the

learned APP for the State. He submits that the petitioner is facing trial under Sections 363/302/201/34 IPC before the learned ASJ for kidnapping and murder of four years old boy namely Vasu Gupta. Learned APP further points out that earlier the petitioner was granted interim bail by the trial court vide order dated 16th November, 2016 and the petitioner had misused the liberty of interim bail which resulted in issuance of Non-Bailable Warrants against him to secure his presence/surrender. He also committed an offence for which FIR No.77/2017 dated 27th January, 2017 under Sections 195A/336 IPC and 27 of Arms Act was registered against him in Police Station New Usman Pur.

6.

The petitioner has not filed any prescription of the Doctor to the effect that the wife of the petitioner has been suffering from any problem in pregnancy. The petitioner had also misused his interim bail granted earlier. 7.

I do not find any merit to grant him interim bail. 8.

The petition is dismissed being devoid of any justification. VINOD GOEL, J.

AUGUST 01, 2017/jitender