Delhi High Court - Orders
Deepak @ Appu vs State Of Delhi on 24 July, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~97
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2563/2024
DEEPAK @ APPU .....Petitioner
Through: Mr. Ishwar Singh, Ms. Mansa
Agrahari and Mr. Amit Gupta,
Advocates.
versus
STATE OF DELHI .....Respondent
Through: Mr. Yudhvir Singh Chauhan, APP
with SI Kartar Singh, Narcotics Cell,
OND.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER
% 24.07.2024 CRL.M.A. 21398/2024 Exemption allowed, subject to just exceptions.
Application stands disposed of.
BAIL APPLN. 2563/20241. An application under Section 439 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') read with Section 482 Cr.P.C. has been preferred on behalf of the petitioner for grant of interim bail for a period of 30 days in FIR No.500/2022, under Section 21 NDPS Act, registered at PS: Narela Industrial Area, in order to undergo surgery for hernia and post-operative care.
2. Issue notice. Learned APP for the State appears on advance notice and accepts notice.
3. Learned counsel for petitioner submits that petitioner was examined at BAIL APPLN. 2563/2024 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 29/07/2024 at 21:22:09 Jail Hospital and as per medical status report, petitioner has been advised surgery of right inguinal hernia (Right Sided Hernioplasty) which was planned at Jail Hospital. He submits that surgery could not be undertaken by the petitioner in Jail Hospital, since same requires confinement and proper care, at least for a period of 02/03 weeks during post-operative period.
4. Learned APP for the State opposes the application and submits that commercial quantity was recovered from the petitioner and he has six other involvements including two under NDPS Act.
5. At this stage, learned counsel for petitioner clarifies that petitioner is on bail in the aforesaid cases.
6. Considering the totality of the facts and circumstances, petitioner is admitted to interim bail for a period of three weeks from the date of release, on furnishing personal bond in sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of learned Trial Court and subject to following conditions:
(i) Petitioner shall undertake surgery as advised within one week from the date of his release, under intimation to IO/SHO concerned, failing which he shall surrender before Superintendent Jail on eighth day of his release;
(ii) Petitioner shall provide his mobile number to the IO / SHO concerned at the time of release;
(iii) Petitioner shall not leave NCT of Delhi without prior permission of the learned Trial Court; and
(iv) Petitioner shall not involve in any criminal activity during the period of interim bail.
Application is accordingly disposed of. Pending applications, if any, BAIL APPLN. 2563/2024 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 29/07/2024 at 21:22:09 also stand disposed of.
A copy of this order be forwarded to the learned Trial Court and Superintendent Jail for information and compliance.
ANOOP KUMAR MENDIRATTA, J.
JULY 24, 2024/R BAIL APPLN. 2563/2024 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 29/07/2024 at 21:22:09