Delhi High Court - Orders
Manoj Kumar Das vs State (Nct Of Delhi) on 1 June, 2022
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1625/2022
MANOJ KUMAR DAS ..... Petitioner
Through: Mr. S.S. Das, Ms. Ria Das, Ms. Sia
Das, Advs.
versus
STATE (NCT OF DELHI) ..... Respondent
Through: Mr. Amit Chadha, APP for State
Mr. Faiyaz Hasan, Adv. for R-2, SI
Vikas Kuhar, Special Cell
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 01.06.2022
1. This is a petition seeking release of applicant on interim bail for a period of 3 months in case titled 'State vs. Md. Sufiyan & ors.' in FIR No. 57/2019 at P.S. Special Cell u/s 18 and 29 of the NDPS Act.
2. When the matter came up on 25.05.2022, this Court directed an updated medical status report to be called from Medical Superintendent, Tihar Jail.
3. Even though there is no medical report on record. Mr. Chadha has handed over medical status report dated 31.05.2022 and the conclusion reads as under:
"Despite all treatment at present inmate patient suffering from symptoms of PLHA (People living HIV AIDS) with Coronary Artery Disease (CAD), CSA CCS Grade-II (Heart problem due to blockage in blood vessels supplying heart muscle) with re- current chest pain, acute exacerbation of COPD (Chronic lung infection), bleeding Per Rectum, breathlessness on & off, Signature Not Verified Digitally Signed ByAMIT ARORA Signing Date:01.06.2022 18:33:57 decreased vision, dizziness with low haemoglobin 8.1 g/dl & uncontrolled Diabetes Mellitus Type-II with Diabetic Neuropathy (abnormality of peripheral nerves)."
4. The medical condition of the applicant does not seem to be good. It also seems that even though medical treatment is being provided by the jail authorities, the same is not yielding desired results.
5. Mr. Chadha also states that on the last occasion, the applicant was granted bail, the applicant jumped the interim bail and did not surrender within the bail period and NBW had to be issued.
6. It is submitted by Mr. Das that on the last occasion, the applicant could not surrender in time on account of conditions due to the COVID 19 pandemic.
7. He further submits that the accused himself surrendered and had not been arrested pursuant to the issuance of NBW.
8. I am of the view that the medical condition of the petitioner is serious and he is in need of urgent medical attention
9. My attention is also drawn to order dated 25.03.2022 passed by the Hon'ble Supreme Court where the Court has granted bail to the co-accused.
10. For the above reasons, it is hereby directed that the applicant be released on interim bail for a period of 3 months to obtain medical treatment from a private hospital.
11. The medical status report is taken on record.
12. Accordingly, I grant bail to the applicant on the following conditions:
i. The applicant shall furnish a personal bond in the sum of Rs.
20,000/- each and a surety of the like amount, to the satisfaction of the jail superintendent;Signature Not Verified Digitally Signed ByAMIT ARORA Signing Date:01.06.2022 18:33:57
ii. The applicant shall appear before the Court as and when the appeal is taken up for hearing;
iii. The applicant shall provide his mobile number to the Investigating Officer (IO) concerned- at the time of release, which shall be kept in working condition at all times. The applicant shall not switch off, or change the same without prior intimation to the IO concerned, during the period of bail; iv. He shall report to the local Police Station twice a week i.e. Monday and Thursday. He shall not be forced to sit for more than half an hour on any such occasion;
v. He will give his address on record to the jail superintendent. In case he changes his address, he will inform the IO concerned and this Court also;
vi. The applicant shall not leave the country during the bail period and surrender his passport, if any, at the time of release before the Trial Court, if he has one;
vii. The applicant shall not indulge in any criminal activity during the bail period;
viii. The applicant shall not communicate with, or come into contact with any of the prosecution witnesses, or tamper with the evidence of the case.
Dasti JASMEET SINGH, J JUNE 1, 2022/dm Click here to check corrigendum, if any Signature Not Verified Digitally Signed ByAMIT ARORA Signing Date:01.06.2022 18:33:57