Deepak @ Deepu vs State
2019 Latest Caselaw 3771 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                 Judgment delivered on: 13.08.2019

+      BAIL APPLN. 1694/2019
DEEPAK @ DEEPU                                             ..... Petitioner
                                  versus

STATE                                                   ..... Respondent
Advocates who appeared in this case:
For the Petitioner :      Mr. Abhay Kumar and Mr. Rahul Ranjan, Advs.

For the Respondent :       Ms. Meenakshi Dahiya, APP for the
                           State with SI Shri Krishna Singh.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                              JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks interim bail in FIR No.195/2017 under Sections 376-D/376 (2)/506 of the IPC read with Section 6 of POCSO on the ground of medical condition of his sister.

2. Status report is filed and is taken on record.

3. It is contended that the sister of the petitioner is aged 20 years and weighs only 27 Kgs. She is presently under treatment from Deen Dayal Upadhyay Hospital, Hari Nagar, Delhi for tuberculosis.

4. It is contended that she has to be taken to the hospital twice a week and because of her condition she has to be virtually carried and she needs help to even go to the hospital.

5. Learned counsel for the petitioner submits that the father of the petitioner himself is unwell and not in a position to take her to the hospital.

6. The victim as well as her mother have already testified before the trial court.

7. Without commenting on the merits of the case and keeping in view the totality of facts and circumstances of the case, I am of the view that interest of justice would be served in case the petitioner is granted interim bail for a period of six weeks. Accordingly, it is directed that on petitioner furnishing a bail bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the Trial Court, petitioner shall be released on interim bail for a period of 6 weeks from the date of his release.

8. Petitioner shall not leave the NCR of Delhi. Petitioner shall not leave the country without the prior permission of the Trial Court. Petitioner shall mark his presence with the IO/SHO/Duty Officer at Police Station Farukh Nagar, Gurgaon (Haryana) on every Sunday. SHO Police Station Farukh Nagar is directed to submit a report to the SHO Police Station Hari Nagar, Delhi with regard to the marking of

presence by the petitioner. The petitioner also shall furnish his mobile number to the SHO Police Station Hari Nagar and in case of change of the same, intimate about the same to the IO/SHO/Duty Officer Police Station Hari Nagar.

9. Petitioner shall surrender to the concerned Superintendent, Jail on the expiry of the period of 6 weeks from the date of his release.

10. Petition is, accordingly, disposed of.

11. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J AUGUST 13, 2019 'rs'