Ajay vs The State (N.C.T. Of Delhi)
2018 Latest Caselaw 6196 Del

$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                    Judgment delivered on:10.10.2018

+      BAIL APPLN. 2151/2018
       AJAY                                              ..... Petitioner

                            versus

       THE STATE (N.C.T. OF DELHI)                       ..... Respondent
Advocates who appeared in this case:
For the Petitioner :      Mr. B. S. Rana, Mr. Ronak Singh and
                            Mr. Amit Sharma, Advocates


For the Respondents :       Mr. Raghuvinder Verma, APP
                            for State
                            ASI Ramdev, Narcotics Cell, Crime
                            Branch.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                   JUDGMENT

10.10.2018

SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.32026/2018 (exemption) Exemption is allowed subject to all just exceptions. BAIL APPLN. 2151/2018

1. Issue notice. Notice is accepted by learned APP for the State.

2. Learned APP for the State has filed the status report, the same be taken on record.

3. Petitioner seeks interim bail for a period of one month in FIR no. 94/2018 under Section 21(C) NDPS, Police Station Crime Branch on the ground of illness of his wife and surgery for gallbladder stone.

4. Allegation in the FIR is that the petitioner was apprehended on secret information and one kilogramme of heroine was recovered from his possession.

5. Learned counsel for petitioner submits that petitioner has been falsely implicated. He submits that there is violation of Section 50 of NDPS Act with regard to the search.

6. Status report has been filed. Investigating Officer has confirmed that wife of petitioner is suffering from gallbladder stone and has been advised admission on 11.10.2018 and surgery is planned for 12.10.2018. Family of petitioner comprises of his wife and two minor children. His parents and relatives are residing in nearby areas.

7. Without commenting on the merits of the case and keeping in view the facts and circumstances of the case and also the fact that petitioner's wife requires to undergo surgery, petitioner is granted interim bail for a period of two weeks from the date of his release on petitioner furnishing a bond in the sum of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Trial Court. Petitioner shall not do anything which may prejudice the trial of the prosecution witnesses. Petitioner shall not leave the country without permission of the Trial Court. Petitioner shall surrender to the

Superintendent Jail on the expiry of the period of two weeks.

8. The petition is, accordingly, disposed of.

9. Order dasti under the signature of the Court Master.

OCTOBER 10, 2018                        SANJEEV SACHDEVA, J
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