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Delhi High Court - Orders

Dheerpal@Bagadi@Deepak vs The State Nct Of Delhi Through Sho on 19 October, 2023

Author: Amit Bansal

Bench: Amit Bansal

                                    $~1
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           BAIL APPLN. 3479/2023
                                                DHEERPAL@BAGADI@DEEPAK                                                          ..... Petitioner
                                                                                      Through:                Mr.L.S.Saini and Mr.Sarthak Mann,
                                                                                                              Advocates.

                                                                                      versus

                                                THE STATE NCT OF DELHI THROUGH SHO.                                             ..... Respondent
                                                                                      Through:                Mr.Ritesh Kumar Bahri, APP for the
                                                                                                              State.
                                                                                                              ACP, Ravinder Kumar Rajput, ANTU
                                                                                                              Criminal.

                                                CORAM:
                                                HON'BLE MR. JUSTICE AMIT BANSAL
                                                                                      ORDER

% 19.10.2023

1. By way of the present application, the applicant seeks grant of interim bail in FIR No. 0055/2016 under Sections 3(1), 4 and 5 of the Maharashtra Control of Organized Crime Act, 1999 (MCOCA) registered at Police Station Crime Branch.

2. The applicant submits that he has been in judicial custody since 9th May, 2016 and seeks interim bail on the ground of surgery of his mother, which is scheduled for 21st October, 2023.

3. Status report has been filed on behalf of the State verifying the date of surgery of the mother of the applicant.

4. Learned APP opposes the grant of interim bail on the ground that twin conditions provided under Section 21 (4) of the MCOCA are not satisfied.

BAIL APPLN. 3479/2023 Page 1 of 3

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/10/2023 at 00:28:12

5. Taking into account the long incarceration of the applicant and on humanitarian grounds, this Court is inclined to grant interim bail to the applicant for a period of two weeks from the date of release, upon furnishing a personal bond in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the Trial Court and further subject to the following conditions:

i. The applicant shall report to the Investigating Officer (IO) every Saturday at 4:00 PM.
ii. The applicant shall not leave the country without prior permission of the Court.
iii. The applicant shall provide permanent address to the Trial Court. The petitioner shall intimate the Court by way of an affidavit and to the Investigating Officer (IO) concerned regarding any change in residential address.
iv. The applicant shall appear before the Court as and when the matter is taken up for hearing.
v. The applicant shall provide all mobile numbers to the IO concerned which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the IO concerned. The mobile location be kept on at all times. vi. The applicant shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses or tamper with the evidence of the case or try to intimidate any witnesses in the case.

6. The applicant shall surrender immediately after the expiry of two weeks from the date of release.

BAIL APPLN. 3479/2023 Page 2 of 3

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/10/2023 at 00:28:12

7. Copy of the order be sent to the Jail Superintendent for information and necessary compliance.

8. Accordingly, the application is disposed of.

9. Copy of this order be given to the counsel for the applicant dasti under the signature of the Court Master.

AMIT BANSAL, J.

OCTOBER 19, 2023 rt BAIL APPLN. 3479/2023 Page 3 of 3 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/10/2023 at 00:28:13