Delhi High Court - Orders
Ezeh Chinedu Joseph vs State on 13 October, 2020
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPL 2079/2020
EZEH CHINEDU JOSEPH ..... Petitioner
Through: Mr. Mukesh Bhardwaj, Advocate
versus
STATE ..... Respondent
Through: Ms. Radhika Kolluru, APP for State
Mr. Ripudaman Bhardwaj, CGSC
with Kushagra Kumar, Advocate
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
(VIA VIDEO CONFERENCING)
ORDER
% 13.10.2020
1. The present application has been filed under Section 439 Cr.P.C. seeking bail/interim bail in FIR No. 63/2015 registered under Sections 21/29/61/85 of the NDPS Act and Section 14 of the Foreigners Act at P.S. Special Cell, Delhi.
2. Learned counsel for the petitioner submits that the petitioner has been in custody since 01.12.2015 and out of 53 witnesses, only two witness have been examined so far.
3. On previous dates of hearing, learned counsel for the petitioner stated that the petitioner was unwell and his health condition was deteriorating day by day. Keeping in view the submissions made by the learned counsel, his medical status report was requestioned from time to time.
BAIL APPL 2079/2020 Page 1 of 44. As per the medical status report dated 01.09.2020, it has been stated as under:-
"In reference to the subject cited above, it is submitted that in compliance to the order passed by the Hon'ble High Court of Delhi at New Delhi on 24.08.2020, the above said inmate was sent to Fortis Escorts Heart Institute, Okhla, New Delhi on 28.08.2020 wherein he was reviewed by Dr. Sanjay Verma, MS, Dept. of Minimal Access, Bariatric and GI Surgery. The inmate gave history of Hepatitis B Infection and gave complaints of bleeding per rectum, pain in perianal region and constipation. On examination, he was found to have chronic fissure at 6 O'clock position. His per rectum (P/R) and proctoscopy examination was attempted but could not be carried out because of pain. He was advised to take sitz bath thrice daily, application of local ointment and jelly twice daily and oral medicines. The surgeon has mentioned on his OPD Card that, "Final opinion and examination to be done and taken from any govt. Hospital or Doctor in Tihar Dispensary'. However, the inmate submitted an application dated 29.08.2020 stating that he did not want to take treatment from any Government Hospital because of risk of COVID-19 to him in view of his Hepatitis B Sero-positive status and low immunity. The copies of OPD Card of Fortis Escorts Heart Institute dated 28.08.2020 and inmate's application dated 29.08.2020 are enclosed herewith for your kind perusal.
The inmate was reviewed in jail dispensary on 31.08.2020 wherein he gave complaints of pain and bleeding per rectum during defecation, mass coming out of anus during defecation and constipation. His per rectum and proctoscopy examination could not be carried out due to severe pain experienced by him. He was diagnosed as a case of Hepatitis B Sero-positive Status, Chronic Fissure at 6 O'clock Position and Internal Hemorrhoids Grade 3.BAIL APPL 2079/2020 Page 2 of 4
He was advised symptomatic treatment accordingly in the form of oral medicines, laxatives and ointment for local application and he was advised to take sitz bath and high fibre diet."
5. At request of learned counsel for petitioner, the petitioner was directed to be taken to Aakash Healthcare Super Speciality Hospital, Sector- 3, Dwarka, New Delhi on 12.09.2020 however, he could not be admitted for want of original passport and visa.
6. It has been informed that in the meantime, the petitioner's passport has been renewed and his visa has been extended by FRRO.
7. Learned counsel for the petitioner submits that in case the petitioner's interim bail is considered, the petitioner will provide a local surety and he will stay at H.No.129, First Floor, Right Side Bhagwan Nagar, Ashram, Delhi.
8. The aforesaid address has already been verified through the Status Report dated 04.09.2020.
9. In view of the medical condition of the petitioner as stated in the medical status report dated 01.09.2020, the petitioner is admitted to interim bail till the next date of hearing on his furnishing a personal bond in the sum of Rs. 1,00,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/Duty MM/concerned Court and subject to the following conditions:-
(i) The petitioner shall not try to get in touch any witness and shall not directly or indirectly make any effort to tamper with the evidence.BAIL APPL 2079/2020 Page 3 of 4
(ii) The petitioner shall not leave the jurisdiction of NCT of Delhi during the period of his interim bail.
(iii) The petitioner shall remain available on telephone number 9667430274 (which belongs to one Ms. Rebecca Lalremmawi- stated to be petitioner's wife but disputed by learned counsel for the respondent for want of any proof) which he undertakes to keep operational during the period of his interim bail.
(iv) The petitioner shall report to the I.O. SI Surender at his mobile number 7678693838 on every Monday and Friday by "video call" during the period of his interim bail.
Further, he shall also 'drop-a-pin' on the Google Maps application to indicate his location to the I.O.
(v) The petitioner shall surrender his passport, if not already done.
(vi) The petitioner shall surrender before the concerned Jail Superintendent after the expiry of his interim bail.
10. List on 02.12.2020.
11. A copy of this order be communicated to the concerned Jail Superintendent electronically.
MANOJ KUMAR OHRI, J OCTOBER 13, 2020 na BAIL APPL 2079/2020 Page 4 of 4