Delhi High Court - Orders
Manoj Kumar Das Through Pairokar vs State Of Nct Of Delhi on 21 September, 2023
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1192/2023
MANOJ KUMAR DAS THROUGH PAIROKAR
..... Applicant
Through: Ms. Taruna Ardhendumauli
Prasad, Ms. Shreya Sinha and Mr.
Amritesh Rai, Advocates
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr. Ajay Vikram Singh, APP for
the State with SI Dharmender,
Special Cell, Rohini/NR
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 21.09.2023
1. The present application under Section 439 of the Code of Criminal Procedure, 1973 has been filed by the applicant seeking regular bail in FIR No.57/2019 dated 04.04.2019 under Sections 18 and 29/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act] at PS: Special Cell, Delhi. In the alternative, the applicant seeks extension of the interim bail granted to the applicant vide order dated 14.03.2023 passed by a Co-ordinate Bench of this Court till the disposal of the present application.
2. As per the FIR, on a secret information received that on 04.04.2019, 2 persons namely Ismail and Sufiyan, both resident of BAIL APPLN. 1192/2023 Page 1 of 6 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 22/09/2023 at 00:20:19 Barabanki, UP will be delivering a consignment of heroine between 01:00 PM to 02:00 PM in White Swift Dezire Car No.UP32GJ1416 towards Burari to Golf Course Nalah, Delhi, Ismail and Sufiyan were apprehended and on search, a total of 50 kgs of heroine were recovered from them.
3. During investigation, upon the disclosure statements made by the accused persons that they supply the heroine to various persons in Delhi/ NCR, UP and Bihar on the directions of the applicant herein and one Vishal, the applicant herein was arrested on 05.04.2019 from Patna, Bihar. The chargesheet has since been filed and vide order dated 22.11.2021, charges have also been framed against all accused persons including the applicant under Section 29 read with Section 18(c) of the NDPS Act. The trial is presently at the stage of prosecution evidence.
4. Learned counsel for the applicant submits that the primary ground for seeking regular bail is the extremely critical medical condition of the applicant. She submits that the applicant is a follow up case of PLHA (People Living HIV AIDS), Uncontrolled Diabetics Mellitus Type II with diabetic Neuropathy with COPD Acute Exacerbation, Bleeding per Rectum, Breathlessness on and off, Decreased vision R.T.I. and requires constant medical attention. She has drawn the attention of this Court to the order dated 14.03.2023 whereby the applicant was granted interim bail in view of the precarious medical condition of the applicant and fluctuating Sp02 levels. She submits that the said interim bail has been extended on various occasions as the health of the applicant has not improved and he requires constant medical attention.
5. On merits, learned counsel for the applicant further submits that BAIL APPLN. 1192/2023 Page 2 of 6 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 22/09/2023 at 00:20:19 in any event, the applicant has been falsely implicated in the present matter as he was neither present at the place of incident nor any recovery of any contraband was made from him. She submits that the applicant has been implicated solely on the basis of the disclosure statements of the accused, which in the absence of any corroborative evidence, are irrelevant. She lastly submits that the there is no incriminating evidence against the applicant and further that the applicant has clean antecedents. She thus prays that as only 2 out of 26 witnesses have been examined so far and the trial is likely to take some time, the applicant be not held behind bars for such time.
6. Notice was issued and Status Report and Nominal Roll were called for. A further Status Report verifying the latest medical documents of the applicant was also called for.
7. As per the Nominal Roll, the applicant was in judicial custody for almost 1 year as on 06.06.2022. He was granted interim bail on two occasions i.e., 23.05.2019 to 12.12.2019 and 04.05.2020 to 22.11.2021. Thereafter, he has been on interim bail since 06.06.2022 till date. His jail conduct during custody was satisfactory and there has been no record of any misconduct during the period of interim bail.
8. Learned APP for the State has filed a Status Report verifying the medical documents of the applicant, wherein a letter has been received from Dr. Rajesh Kumar of the RDS Memorial Hospital where the applicant is currently being treated (last admitted on 13.08.2023), stating that the applicant is suffering from HIV+ve (AIDS), Hypertension, Diabetes Mellitus Type-2, Oxygen Deficiency and Piles. It is stated therein that the condition of the applicant is critical as he is bedridden BAIL APPLN. 1192/2023 Page 3 of 6 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 22/09/2023 at 00:20:20 and requires continuous/intermittent oxygen support and medicines. It is also stated that since he is suffering from such chronic diseases, it is preferable that he be admitted even for any minor issue.
9. On the merits of the matter, learned APP for the State opposed grant of regular bail on the ground that he is the main member of the drug syndicate and that the quantity recovered from the co-accused persons is of commercial quantity and that the FSL reports qua the voice samples have matched with that of the applicant.
10. This Court has heard the learned counsel for the applicant and the learned APP for the State and has perused the documents on record.
11. In view of the precarious medical condition of the applicant as noted hereinabove and as he is currently bed-ridden and requires immediate and constant medical attention and treatment including regular supply of oxygen as well and when he battling with more than one complications, this Court is of the opinion that, without going into the merits of the matter at this stage, solely on humanitarian grounds, the applicant be released on bail so as to enable him to receive the requisite medical treatment.
12. Accordingly, the applicant be released on regular bail in FIR No.57/2019 dated 04.04.2019 under Sections 18 and 29/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at PS: Special Cell, Delhi on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand) along with one surety of the like amount by family member/ friend having no criminal case pending against them, subject to the satisfaction of the learned Trial Court, and further subject to the following conditions:
BAIL APPLN. 1192/2023 Page 4 of 6This 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 22/09/2023 at 00:20:20 i. Applicant shall not leave Begusarai, Bihar and shall ordinarily reside at the address as per prison records. If he wishes to change his residential address, he shall immediately intimate about the same to the Jail Superintendent by way of an affidavit. ii. Applicant shall surrender his passport to the Investigating Officer, within three days. If he does not possess the same, he shall file an affidavit before the stipulated time.
iii. Applicant shall appear before the Court as and when the matter is taken up for hearing.
iv. Applicant shall join investigation as and when called by the Investigating Officer concerned. He shall not obstruct or hamper with the police investigation and shall not play mischief with the evidence collected or yet to be collected by the Police. v. Applicant shall provide all his mobile numbers to the Investigating Officer concerned which shall be kept in working condition at all times and shall not be switch off or change the mobile number without prior intimation to the Investigating Officer concerned. The mobile location be kept on at all times. vi. Applicant shall report to the local Police Station, PS Phulwala Barauni, once every month in the first week of the month unless leave of every such absence is obtained from the learned Trial Court.
vii. Applicant shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses, the victim/ complainant or any member of the victim's/ complainant's family or tamper with the evidence of BAIL APPLN. 1192/2023 Page 5 of 6 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 22/09/2023 at 00:20:20 the case or try to dissuade them from disclosing such facts to the Court or to any police officials.
13. The application stands disposed of in above terms.
SAURABH BANERJEE, J SEPTEMBER 21, 2023/akr BAIL APPLN. 1192/2023 Page 6 of 6 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 22/09/2023 at 00:20:20