[email protected] vs State
2020 Latest Caselaw 2271 Del

                                      $~7

                                      *IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      %                                     Judgment delivered on: 27.07.2020

                                      +      BAIL APPLN.1712/2020
                                      SURJEET ALIAS DEEPAK                                        ..... Petitioner

                                                                   versus

                                      STATE                                                       ..... Respondent
                                      Advocates who appeared in this case:
                                      For the Petitioner:          Mr. Gaurav Kochar, Advocate.
                                      For the Respondent:          Ms. Kusum Dhalla, APP.
                                      For the Complainant:         Mr. Mohit Jain, Advocate.

                                      CORAM:-
                                      HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                                                      JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. The hearing was conducted through video conferencing.

2. Petitioner seeks interim bail for a period of two months in case FIR No.195/2019, under Sections 498-A/304-B/34 IPC, Police Station Dayalpur.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that there is no material to substantiate any of the allegations against the petitioner except for bald statements made by the complainant.

4. It is contended that petitioner is suffering from Asthma and facing Signature Not Verified Digitally Signed By:KUNAL MAGGU Signing Date:27.07.2020 17:30:40 BAIL APPLN.1712/2020 Page 1 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

difficulty and in view of the present Pandemic, there is a likelihood that petitioner may contract COVID. It is further contended that he has a daughter aged about 1½ years who is presently living with her maternal grandparents.

5. As per the nominal roll, petitioner has already undergone 1 year 2 months of incarceration and the jail conduct of the petitioner is also satisfactory. The medical status report has been received from the Superintendent Jail which indicates that petitioner is having slight breathing difficulty and his chest X ray has also shown slight abnormalities.

6. Without commenting on the merits of the case and subject to petitioner furnishing a bail bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the concerned Trial Court/Duty MM, petitioner shall be released on interim bail for a period of 45 days from the date of his release. Petitioner shall not do anything which may prejudice the trial or the prosecution witnesses. Petitioner shall surrender to the concerned Superintendent Jail on the expiry of the period of interim bail.

7. Application is allowed in the above terms.

8. Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email.

SANJEEV SACHDEVA, J.

JULY 27, 2020 rk Signature Not Verified Digitally Signed By:KUNAL MAGGU Signing Date:27.07.2020 17:30:40 BAIL APPLN.1712/2020 Page 2 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.