Delhi High Court
Amit @ Vicky vs State on 12 May, 2020
$~VC-4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN.877/2020, CRL.M.A. 6256/2020
AMIT alias VICKY ..... Petitioner
Through: Mr.Girish Chander, Advocate
versus
STATE ..... Respondent
Through: Ms.Meenakshi Dahiya, APP
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 12.05.2020
Crl. M.A. No. 6256/2020 (Exemption)
Allowed subject to all just exceptions.
BAIL APPLN.877/2020
1. This application has been moved seeking interim bail for 45 days in
FIR No.147/2019, under Sections 302 of the IPC and 25/27/54 of the Arms
Act, registered at Police Station Jaffarpur Kalan, Delhi.
2. Issue notice.
3. Learned APP for the respondent/State accepts notice.
4. Learned counsel for the applicant Sh. Girish Chander submits that the
need for interim bail has arisen on account of the hospitalization of the
applicant's wife, who needs to undergo a surgery urgently and that the same
could not be undertaken during her earlier hospitalization from 01.05.2020
to 07.05.2020 due to the fact that she got herself discharged against medical
advice to take care of her two minor children aged seven years and one
year.
5. The Status Report that was filed before the Duty ASJ has been
annexed with the petition as Annexure 'B', which confirms the fact that the
wife of the petitioner had been admitted on 01.05.2020 with the opinion of
the doctor as "Complaint of Pain abdomen with Nausia, vomiting. U.S.G.
Report Slugh with Cholieciecistitis (GB) Pt. Needs (Labocolic Operation) or
(chlecystis to my to GH. Pt needs for care of Post operation or during
operation formal care in my view pt needs one care person." (sic)
6. Though it is also contended by the Ld.APP for the State that a fresh
Status Report is required to ascertain the correct position as on date, this
Court considers such a Status Report unnecessary in view of the fact that the
application is one for interim bail. In view of the medical requirements of
the wife of the applicant, the present application is allowed and the applicant
is granted interim bail for a period of 45 days, i.e. upto 25.06.2020, subject
to his furnishing a personal bond and surety bond in the sum of Rs.30,000/-
each to the satisfaction of the Jail Superintendent and the I.O./SHO
concerned respectively, and subject to the following further conditions: -
(i) The applicant will not make any effort to talk to the
witnesses or interfere, directly or indirectly, with the trial or
tamper with the evidence.
(ii) The applicant will furnish his mobile phone/landline
number and residential address as well as that of his surety to the
I.O./SHO concerned and both shall keep their mobile/landline
phones operational at all times during this period and in the event
of any change of the same, will immediately inform the same to
the I.O./SHO.
(iii) The petitioner nor will not leave the jurisdiction of the
Delhi courts, even if the lockdown is eased, without specific
permission from the Trial Court/Duty MM.
7. The applicant will surrender before the Jail Superintendent, Tihar Jail
on 26.06.2020.
8. With the above directions, the present application is disposed of.
ASHA MENON, J
MAY 12, 2020
Sm/s
