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Delhi High Court - Orders

Anil Kumar Sharma vs State (Nct Of Delhi) on 20 July, 2021

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~3, 6 & 40
                                *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                +    BAIL APPLN. 2247/2021 & CRL.M.(BAIL) 870/2021
                                     ANIL KUMAR SHARMA                                ..... Petitioner
                                                       Through : Mr.Manoj Singh, Mr.Amit Sinha and
                                                                   Mr.Abhay Singh, Advocates.
                                                       versus
                                     STATE (NCT OF DELHI)                             ..... Respondent
                                                       Through : Mr.Kamal Kumar Ghai, APP for the
                                                                   State with SI Parveen Badsara, EOW.
                                +    BAIL APPLN. 1564/2021
                                     ANIL KUMAR SHARMA
                                                                                               ..... Petitioner
                                                       Through : Mr.Mohit Mathur, Sr Advocate with
                                                                   Mr.Manoj Singh, Advocate.
                                                       versus
                                     STATE (NCT OF DELHI                              ..... Respondent
                                                       Through : Mr.M.S.Oberoi, APP for State with SI
                                                                   Parveen Badsara, EOW.
                                +    BAIL APPLN. 2088/2021 & Crl.M.(Bail).No.828/2021
                                     ANIL KUMAR SHARMA                                        ..... Petitioner
                                                       Through : Mr.Manoj Singh, Mr.Amit Sinha and
                                                                   Mr.Abhay Singh, Advocates.
                                                       versus
                                     STATE (NCT OF DELHI)                                  ..... Respondent
                                                       Through : Mr.M.S.Oberoi, APP for the State.
                                                                   Mr.Gaurav Dalal and Mr.Harmeet
                                                                   Gulati, Advocates for complainant.
                                     CORAM:
                                     HON'BLE MR. JUSTICE YOGESH KHANNA
                                                       ORDER

% 20.07.2021

1. The hearing has been conducted through Video Conferencing. BAIL APPLN. 2247/2021 & CRL.M.(BAIL) 870/2021 CRL.M.(BAIL) 878/2021 in BAIL APPLN. 1564/2021 Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:20.07.2021 17:06 BAIL APPLN. 2088/2021 & Crl.M.(Bail).No.828/2021

2. This order be read in consonance with the order dated 13.07.2021 whereafter the petitioner was taken in custody to Max Hospital, Saket for his examination by the concerned doctors. The petitioner is due for operation of hernia as stated in order dated 13.07.2021.

3. BAIL APPLN.2247/2021 is filed seeking interim bail in case FIR No.309/2018 registered at police station Anand Vihar (Now EOW) under Sections 406/420/34 IPC and BAIL APPLN.2088/2021 is filed seeking interim bail in case FIR No.201/2016 registered at police station EOW under Sections 409/406/420/120B IPC.

4. It is submitted by learned senior counsel for the petitioner the petitioner was taken on 17.07.2021 to Max Hospital and was examined by Dr.Manish Agarwal and he has confirmed the applicant needs to be operated upon after PAC test. Admittedly, the amount as is required for admission has already been deposited with the Max Hospital, Saket, the receipt whereof is annexed with the status report. The status report dated 19.07.2021 in BAIL APPLN. 1564/2021 reads as under :

It is submitted that in compliance of order dated 13.07.2021, accused petitioner Anil Kumar Sharma was produced before Dr. Manish Agarwal, Associated Director, Department of General Surgery & Robotic, Max Super Specialty Hospital, Saket, Delhi on 17.07.2021 in custody by the officials of 3rd Bn., DAP, Delhi Police.
Dr. Manish Aggarwal had examined Anil Kumar Sharma and following medical advice was prescribed:
 Surgery-Inguinal Hernia Mest Repair  PAC  OTBooking  Admit to Dr. Manish Agarwal after PAC Fitness. The Medical prescription is annexed herewith at Annexure A at page 3 and the copy of Duplicate Bill of Supply dated 17.07.2021 is at Annexure Bat page 4 for kind perusal.
As directed, SI Parveen Badsara, IO was also present at Max Super Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:20.07.2021 17:06 Specialty Hospital, Saket, Delhi at the time of medical examination of Anil Kumar Sharma.
5. Considering the status report above and since the petitioner is required to be admitted in the hospital for his operation for hernia, on humanitarian grounds, he is admitted to interim bail for a period of 15 days w.e.f. 22.07.2021 on his executing a personal bond of Rs.1 lac with one surety of the like amount to the satisfaction of the learned Trial Court/Duty MM/Jail Superintendant.
6. The applicant shall not leave the NCR without the permission of the learned trial court/Investigating Officer.
7. The applicant is directed to furnish his contact details/address to the Investigating Officer and shall keep his mobile location app open at all time.
8. BAIL APPLN. 2247/2021 and BAIL APPLN. 2088/2021 seeking interim bail are disposed of in view of above. Pending applications are also disposed of.
9. CRL.M.(BAIL) 878/2021 seeking interim bail in BAIL APPLN. 1564/2021 also stands disposed of.
10. Copy of this order be sent electronically to the learned Trial Court / Jail Superintendent for information and compliance.
BAIL APPLN. 1564/2021
11. List on 17.11.2021.
12. The earlier date fixed i,e. 13.08.2021 stands cancelled.

YOGESH KHANNA, J.

JULY 20, 2021 VLD Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:20.07.2021 17:06