Nasir Ali @ Nasir Ali Shekh vs The State (Nct Of Delhi) on 23 October, 2020

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Delhi High Court - Orders

Nasir Ali @ Nasir Ali Shekh vs The State (Nct Of Delhi) on 23 October, 2020

Bench: Anup Jairam Bhambhani

                                                    via Video-conferencing
$~33
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      BAIL APPL. 3131/2020
       NASIR ALI @ NASIR ALI SHEKH                ..... Applicant
                     Through: Mr. Sameer Chandra, Adv.

                           versus

       THE STATE (NCT OF DELHI)                ..... Respondent
                     Through: Mr. G.M. Farooqui, APP for the State.
       CORAM:
       HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                     ORDER

% 23.10.2020 The applicant, who is an accused in case FIR No. 55/2020 dated 17.03.2020 registered under sections 376/506 IPC and section 6 of the POCSO Act at P.S.: Jamia Nagar, seeks interim bail on the ground that his wife is at an advanced stage of pregnancy.

2. Notice in this application was issued on 16.10.2020.

3. Status report dated 19.10.2020 has been filed.

4. Nominal roll has not been received from the Jail Superintendent.

However, a copy of nominal roll dated 20.10.2020 has been forwarded by Mr. G.M. Farooqui, learned APP for the State. The same has been perused.

5. Let nominal roll dated 20.10.2020 be brought on record.

6. Intimation under section 439(1-A) Cr. P.C. read with Delhi High Court Practice Directions dated 24.09.2019 has been served upon the complainant, who is present in the video-conference hearing BAIL APPL. 3131/2020 Page 1 of 4 alongwith her mother and Investigating Officer/S.I. Seema from P.S.:

Jamia Nagar.

7. Mr. G.M. Farooqui, learned APP opposes grant of bail citing the heinousness of the offence. However in the status report, the factum of advanced stage of pregnancy of the applicant's wife has been verified; and it is recorded that the doctor has opined that she is now 36 weeks pregnant and can deliver at any time. Mr. Farooqui however submits that there are other family members to look after the applicant's wife, including two elder brothers and their wives. Mr. Farooqui further points-out that the applicant is a permanent resident of Assam and that there is a chance he may flee.

8. The court has interacted with the complainant/prosecutrix and her mother; who have said that in view of the advanced stage of pregnancy of the applicant's wife, he may be granted interim bail. Mr. Farooqui however submits that the complainant and her family have been won-over.

9. Mr. Sameer Chandra, learned counsel for the applicant submits that considering the concern expressed by the learned APP, the applicant and his wife will both remain in Delhi throughout the period of interim bail. Counsel submits that the applicant's relatives are all daily wage labourers and they are not in a position to look after the applicant's wife during this phase.

10. Nominal roll dated 20.10.2020 states that the applicant has been in custody for about 7 (seven) months; that his jail conduct is 'satisfactory'; and that he has no other or prior criminal involvement.

BAIL APPL. 3131/2020 Page 2 of 4

11. Upon a conspectus of the aforesaid circumstances, this court is persuaded to grant to the applicant interim bail for a period of 30 (thirty) days from the date of his release, subject to the following conditions:

(a) The applicant shall furnish a personal bond in the sum of Rs.

20,000/- (Rs. Twenty Thousand Only) with 01 surety in the like amount from a family member, to the satisfaction of the Jail Superintendent;

(b) The applicant shall not leave the State of Delhi without permission of this court and shall ordinarily reside at his Delhi address as per records;

(c) The applicant shall furnish to the Investigating Officer/S.H.O a cell phone number on which the applicant may be contacted at any time and shall ensure that the number is kept active and switched-on at all times;

(d) The applicant shall present himself before the Investigating Officer/S.H.O. every Wednesday between 11 am and 11:30 am to mark his presence. However, he will not be kept waiting longer than an hour for this purpose;

(e) If the applicant has a passport, he shall surrender the same to the Jail Superintendent and shall not travel out of the country without prior permission of this court;

(f) The applicant shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or other persons acquainted with the facts of case; in particular, the applicant shall not contact or interact, in any BAIL APPL. 3131/2020 Page 3 of 4 manner whatsoever with the complainant/prosecutrix or her family.

(g) The applicant shall not tamper with evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial; and

(h) Upon expiry of the period of interim bail, the applicant shall surrender before the Jail Superintendent.

12. Nothing in this order shall be construed as an expression on the merits of the pending trial.

13. Accordingly, the bail application stands disposed of.

14. Other pending applications, if any, also stand disposed of.

15. A copy of this order be sent to the Jail Superintendent.

ANUP JAIRAM BHAMBHANI, J.

OCTOBER 23, 2020/uj BAIL APPL. 3131/2020 Page 4 of 4

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Delhi High Court - Orders