Delhi High Court - Orders
Vishwajeet Singh @ Vishu vs State N.C.T Of Delhi on 1 July, 2020
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
SINDHU KRISHNAKUMAR
01.07.2020 21:04
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1265/2020 & CRL.M.As.7704/2020 & 7736/2020
VISHWAJEET SINGH @ VISHU ..... Petitioner
Through: Mr. Himanshu Buttan, Advocate.
(M:9910037222)
versus
STATE N.C.T OF DELHI ..... Respondent
Through: Ms. Meenakshi Chauhan, APP with
IO Gursewak Singh.
Ms. Manjeet Kaur, mother of
deceased in person.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 01.07.2020
1. This hearing has been held through video conferencing.
2. The present petition for interim bail has been filed by the Petitioner - Mr. Vishwajeet Singh @ Vishu. He has been charged for offences under Sections 302/34 IPC. The Petitioner has sought bail on medical grounds as also the fact that the Petitioner has a minor daughter. Nominal roll shows that the Petitioner has been in custody for more than 2 years and 10 months.
3. On the last date, the medical report was called for from the jail authorities. The medical report dated 29th June, 2020 has been received. A perusal of the same shows that the Petitioner has a very serious medical condition and would require urgent treatment. He has a history of various illnesses including diabetes mellitus type-II, bronchial asthma, rheumatoid arthritis and hemorrhoids. He has also been reported to have various infections, which have made him almost bed ridden.
BAIL APPLN. 1265/2020 Page 1 of 3 Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:01.07.2020 19:384. This bail application is opposed by Ms. Manjeet Kaur, who is the mother of the deceased - Mr. Amanpreet Singh. She submits that there are various threats being levelled against her and her family members.
5. Ms. Chauhan, ld. APP submits that the two families are from the same neighbourhood and the allegations against the Petitioner are serious.
6. A perusal of the record and the status report shows that there is a history of disputes between the two families i.e., the family of the Petitioner and that of the deceased, who are neighbours in the Tilak Nagar area. There is enormous friction between them and several unpleasant incidents have taken place including the death of the deceased for which the Petitioner has been charged. However, the medical condition of the Petitioner is quite serious and cannot be lost sight of. He requires proper care and attention. This Court is satisfied that the Petitioner is entitled to interim bail due to his medical condition. In addition, due to the COVID-19 outbreak and the presence of co-morbidities in the Petitioner, this Court is inclined to grant bail to the Petitioner for a period of two months from the date of his release, subject to the following conditions:
(i) The Petitioner shall furnish a personal bond to the tune of Rs.25,000/- along with one surety of the like amount to the satisfaction of the Jail Superintendent, Central Jail-3, Tihar Jail, Delhi.
(ii) The Petitioner or his family members shall not meet or have any interaction with the family of the deceased, who live in the same neighbourhood.
(iii) The Petitioner or his family members shall not contact any of the witnesses who are appearing in the matter and shall ensure BAIL APPLN. 1265/2020 Page 2 of 3 Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:01.07.2020 19:38 that no threats are levelled against any family members of the deceased.
(iv) The Petitioner shall maintain the medical record of his treatment for production in future, if called for.
7. In order to ensure that no unpleasant or untoward incidents take place between the two families, SHO PS Tilak Nagar shall make weekly visits to the family of the deceased as well as the Petitioner and ensure that the bail conditions are being adhered to and that peace is maintained between the two families.
8. The Petitioner shall surrender on the expiry of two months from the date of release. If there is any need to seek extension of bail due to medical conditions, liberty is granted to the Petitioner. Copy of this order be served upon the SHO, PS Tilak Nagar and Jail Superintendent, Central Jail-3, Tihar Jail, Delhi.
9. The petition is disposed of in the above terms. All pending applications are also disposed of.
PRATHIBA M. SINGH, J.
JULY 01, 2020 dk/T BAIL APPLN. 1265/2020 Page 3 of 3 Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:01.07.2020 19:38