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Nasir Ali @ Nasir Ali Shekh vs The State (Nct Of Delhi) on 16 October, 2020

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                                                        via Video-conferencing
$~2

*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       BAIL APPLN. 3131/2020
        NASIR ALI @ NASIR ALI SHEKH       ..... Applicant
                      Through: Mr. Sameer Chandra, Advocate.

                      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

% 16.10.2020 Crl. M.A. No. 14297/2020 (exemption) Exemption allowed, subject to just exceptions. Application stands disposed of.

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, Delhi, seeks interim bail on the ground that his wife is at an advanced stage of pregnancy.

2. Mr. Sameer Chandra, learned counsel for the applicant submits that the expected date of delivery is sometime in end-October 2020. Upon being queried as to why the applicant did not move the present application earlier, Mr. Chandra only submits that the applicant is a poor man with no access to resources. Mr. Chandra confirms that though the applicant is a permanent resident of Assam, presently his place of residence is Delhi and his wife is also in Delhi. Counsel stresses that though there are Bail Appl. 3131/2020 Page 1 of 2 other relatives who also live in Delhi, since they are daily wage labourers, they are not in a position to look after the applicant's wife at this critical juncture. An ultra-sound report dated 17.07.2020 in respect of the applicant's wife has been annexed.

3. Issue notice.

4. Mr. G.M. Farooqui, learned APP for the State appears on advance copy; accepts notice; and seeks time to file status report.

5. Let status report be filed positively before the next date, verifying the wife's pregnancy and the expected date of delivery, with advance copy to the opposing counsel.

6. Let applicant's updated nominal roll be requisitioned from the Jail Superintendent for the next date.

7. Since this is a matter under sections 376 IPC and section 6 of the POCSO Act, let intimation under section 439(1-A) Cr. P.C. read with Delhi High Court Practice Directions dated 24.09.2019 in form Annexure-A attached to the Practice Directions, be sent by the Investigating Officer to the complainant, informing her that her presence is required via video-conferencing at the hearing of this bail application on the next date.

8. List on 22nd October 2020 at the end of Board via individual web-link.

ANUP JAIRAM BHAMBHANI, J OCTOBER 16, 2020/Ne Bail Appl. 3131/2020 Page 2 of 2