Delhi High Court - Orders
Mohd. Ayaz vs State Of Nct Of Delhi on 29 July, 2021
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2678/2021
MOHD. AYAZ ..... Petitioner
Through: Mr. Dinesh Kumar Goswami, Senior
Advocate alongwith Mr. Saharsh Jauhari & Mr.
Kuldeep Singh Advocates
Versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr. Hirein Sharma, APP for State with
Inspector Sanjay Neolia, ATO P.S. Shaheen Bagh
Mr. Sandeep Vishnu, Advocate alongwith Mr.
Anil Kumar Gupta & Ms. Tanvi Sharma,
Advocates for Complainant
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
(VIA VIDEO CONFERENCING)
ORDER
% 29.07.2021
1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant seeking interim bail in FIR No. 301/2020 registered under Sections 302/498-A IPC at Police Station Shaheen Bagh, Delhi on the ground that the applicant's father has to undergo surgery for Cataract as well as Hernia.
2. On the last date of hearing, notice was issued and the Status Report/Verification Report was directed to be filed.
3. A Status Report has been forwarded through E-mail, which is taken on record. As per the Status Report, the factum of Cataract surgery of the applicant's father has been verified. However, it has been stated that no date for surgery of Hernia has been fixed so far.
4. Learned APP for the State has pointed out that this Court on 28.05.2021 has permitted the applicant to withdraw the bail application seeking interim bail on the same ground.
5. Learned Senior Counsel for the applicant has referred to the order dated 09.07.2021, vide which the applicant was released on interim bail for a period of 10 days on the ground that the applicant's mother had to undergo Cataract surgery. It is further submitted that in pursuance to the grant of interim bail, the applicant's mother had undergone the Cataract surgery.
6. Learned APP for the State, on the other hand, has opposed the bail application and submits that the child witness, son of the present applicant is an eye witness of the present case.
7. At this stage, learned Senior Counsel for the applicant, on instructions, submits that the applicant undertakes not to leave the city of Amroha as also directed vide order dated 09.07.2021.
8. Keeping in view the aforesaid, it is directed that the applicant be released on interim bail for a period of 5 days from 01.08.2021, subject to his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/Duty M.M. and subject to the following further conditions:-
i) The applicant shall not leave the city of Amroha without the prior permission of this Court.
ii) The applicant shall remain available on mobile no. i.e., 9871060393, which he undertakes to keep operational at all times during the period of his release;
iii) The applicant shall report to the Adampur Police Station everyday at 10:30 A.M. and should be released after completing the formalities within half an hour.
iv) The applicant shall not directly/indirectly try to get in touch with the prosecution witnesses or tamper with the evidence;
v) The applicant is directed to provide his address to the I.O.
as well as the SHO Adampur Police Station.
vi) The applicant shall surrender on or before 05.08.2021 and will come to Delhi only for this purpose.
vii) Violation of any of these conditions will result in the cancellation of the bail given to the applicant and will also have a bearing on the future bail applications of the applicant.
9. The bail application is disposed of in the above terms.
10. Copy of the order be communicated to the concerned Jail Superintendent as well as SHO, P.S. Adampur, Amroha, U.P. electronically as well as through the I.O. for information.
11. Copy of the order be uploaded on the website forthwith.
MANOJ KUMAR OHRI, J JULY 29, 2021 p'ma Click here to check corrigendum, if any