Delhi High Court - Orders
Akshay Kumar vs Directorate Of Enforcement Government ... on 8 November, 2024
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~109
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 4064/2024
AKSHAY KUMAR .....Petitioner
Through: Mr. Amandeep Singh and Mr. Manu
Pratap Singh, Advocates (Through
VC)
versus
DIRECTORATE OF ENFORCEMENT GOVERNMENT OF INDIA
.....Respondent
Through: Mr. Arkaj Kumar, Advocate
(Through VC)
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 08.11.2024
1. The instant application under Section 483 read with Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter as the "BNSS") has been filed by the petitioner/applicant for the grant of interim bail in the case arising out of ECIR/DLZO-II/2024 for the offences punishable under Sections 274/275/276/420/468/471/120B/34 of the Indian Penal Code, 1860 (hereinafter as the "IPC").
2. Learned counsel appearing on behalf of the applicant submitted that an application for regular bail has already been filed by the applicant and the same was previously argued on 6th November, 2024, which is now listed on 14th November, 2024 for further arguments.
3. It is submitted that during the pendency of the regular bail 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 29/11/2024 at 23:06:34 application, the father-in-law of the applicant passed away in the evening of 6th November, 2024. Therefore, it is submitted that the applicant is seeking an interim bail via the instant application to attend the last rights and rituals of the deceased father-in-law, including Tehravi.
4. Furthermore, the learned counsel for the applicant undertakes that he will not take an adjournment in regular bail application which is listed for arguments on 14th November, 2024.
5. In view of the foregoing submissions, it is prayed that the applicant may be released on interim bail for ten (10) days on humanitarian grounds.
6. Learned counsel appearing on behalf of the respondent-Enforcement Directorate (hereinafter as the "ED") submitted that as per the directions issued by this Court vide order dated 7th November, 2024, they have duly verified the facts stated in the application and as per his instructions, the same are found to be correct.
7. However, the learned counsel for the respondent-ED vehemently opposed the instant application seeking interim bail submitting to the effect that since the regular bail application is pending before this Court and is listed on 14th November, 2024, the prayer sought for the grant of interim bail may be rejected.
8. Heard learned counsel for the parties and perused the contents made in the instant application.
9. It is noted that the respondent-ED has neither denied the facts stated in the instant application nor contradicted the fact pertaining to the death of the applicant's father-in-law, which took place in the evening of 6th November, 2024.
10. This Court has also taken into consideration the undertaking of the 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 29/11/2024 at 23:06:34 learned counsel of the applicant that he will not seek an adjournment in the regular bail application, which is listed on 14th November, 2024.
11. Therefore, keeping in view the passing away of the applicant's father- in-law, the veracity of the said fact as verified by the respondent-ED, undertaking given by the learned counsel for the applicant, and by taking a sympathetic and humanitarian view, this Court is inclined to grant the interim bail to the applicant for a period of 10 days i.e., on or before 18th November, 2024, on his furnishing personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh Only) with one solvent surety of the like amount to the satisfaction of the Jail Superintendent/Court concerned on the following terms and conditions:
(a) The applicant shall under no circumstances leave India without prior permission of the Court concerned;
(b) The applicant shall appear before the Court concerned as and when required;
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, and shall not destroy or tamper with the evidence of this case;
(d) The applicant shall provide his mobile number(s) and keep it operational at all times;
(e) The applicant shall not indulge in any criminal activities or commission of any offence of whatsoever nature and he shall not abuse the bail granted to him for any purposes; and
(f) The applicant shall surrender before the 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 29/11/2024 at 23:06:35 Superintendent of Jail concerned on or before 18th November, 2024 upon furnishing the certified copy of this Order.
12. In view of the aforesaid terms, the instant application stands disposed of.
13. It is made clear that the observations made herein, touching upon the merits of the case, are purely for the purpose of deciding the question of granting of regular bail, which shall not be construed as an expression of final observations of the instant case.
14. Copy of this order be sent to the concerned Jail Superintendent for compliance.
15. Dasti under signature of the Court Master.
CHANDRA DHARI SINGH, J NOVEMBER 8, 2024 NA/mk Click here to check corrigendum, if any 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 29/11/2024 at 23:06:35