Anil Kundan Lal Dang v. State

SHAKUN ANAND 06.03.2019 12:29 $~4 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ANIL KUNDAN LAL DANG ..... Petitioner Through: Mr. Ajay Verma, Ms. Katyayini and Mr. Nikhil Anand, Advocates versus STATE (NCT OF DELHI) ..... Respondent Through: Mr. Kewal Singh Ahuja, APP with INsp. Jitendra Singh, EOW Mr. Rishab Raj Jain, Advocate for complainant with AR Rajneesh Sharma

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 25.02.2019 The petitioner was arrested on 06.08.2018 during the course of investigation into FIR no.22/2017 involving offences punishable under Sections 420, 406, 467, 468, 471, 120B IPC of police station Economic Offences Wing. He has continued to be in custody ever since. It is stated that the investigation has already been concluded and charge-sheet submitted on which cognizance has already been taken, the case arising therefrom being presently pending for consideration of charge before the concerned criminal court. The petitioner had applied for release on bail which was declined by the court of Sessions where-after he has approached this court by the

present petition. Though the prayer was made in the main application (bail application no.3029/2018) for release on regular bail, the said request was abandoned and dismissed accordingly by order dated 01.02.2019, the prayer being restricted to release on interim bail on medical grounds of the applicant and also of his minor son. Further report has been submitted by Inspector Jitender Singh of EOW, post verification of some of the documents which have been submitted in support of the plea of medical conditions of the applicant and his son.

The report of the Superintendent of Central Jail -4 where the applicant is lodged is also on record, it confirming that the applicant is a follow up case of Diabetes Mellitus Type II, Hypertension & Arthritis, he also having dental issues which have not been properly treated during the incarceration, he requiring attention from dental specialist outside jail facility. The report of the Inspector of EOW confirms that the minor child of the applicant is a special child who deserve special care and protection, he being, inter alia, under the care of paediatric neurodevelopment centre.

The counsel for the petitioner, on instructions, submitted that he requests for interim bail only for a period of four weeks to take care of his health issues and also of the immediate needs of his child assuring and undertaking that he would not seek any extension of such release on any ground whatsoever.

In the above facts and circumstances, prayer to the above limited extent is granted.

The applicant shall be released on interim bail for a period of four weeks upon he furnishing personal bond in the sum of Rs.1,00,000/- with one surety in the like amount to the satisfaction of the trial court subject to the following further conditions :- (i).

Prior to his release, he shall give the telephone numbers of self and of at least one other responsible family member besides that of the surety to the trial court.

(ii).

He shall scrupulously appear at each and every stage of the proceedings before the trial court so as not to cause any obstruction or delay to its progress.

(iii).

He shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(iv).

He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; and (v).

He shall not leave India without the prior permission of the court of cognizance or the trial court, as the case may be, and to ensure due compliance with this condition and shall deposit his passport, if he holds one, with the said court. The bail application and the application filed therewith are disposed of in these terms.

A copy of this order shall be transmitted to the jail authorities and to the trial court.

Dasti under the signatures of the Court Master. R.K.GAUBA, J FEBRUARY 25, 2019 yg