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Kanhiya vs State, Nct Of Delhi on 22 August, 2022

Author: Asha Menon

Bench: Asha Menon

                          $~1
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      BAIL APPLN. 2359/2022
                                 KANHIYA                                            ..... Petitioner
                                                    Through:     Mr. Hemant Gulati, Advocate

                                                    versus

                                 STATE, NCT OF DELHI                                ..... Respondent
                                                    Through:     Mr. Ritesh Kumar Bahri, APP for the
                                                                 State

                                 CORAM:
                                 HON'BLE MS. JUSTICE ASHA MENON
                                                    ORDER

% 22.08.2022

1. The application has been filed under Section 439 seeking interim bail. The applicant is an accused in FIR No.440/2021 registered under Section 302 IPC at PS Mangol Puri.

2. It is submitted by Mr. Hemant Gulati, learned counsel for the applicant that as the father of the applicant has to undergo a surgery interim bail for a period of two weeks may be granted.

3. The Status Report has been filed. Mr. Ritesh Kumar Bahri, learned APP for the State submits that the surgery requires only one day's hospitalisation and further, other relatives of the applicant are available to take care of the father of the applicant. It is also submitted that the accusations against the applicant are serious and therefore, interim bail be not granted.

4. Heard submissions. The Status Report has been perused.

5. It has been verified that in actual fact the father of the applicant requires surgery for inguinal hernia on the right side. The surgery is proposed for the 25th August, 2022 and the father has been advised to be admitted on that day at Sant Permanand Hospital. Though the Status Report refers to several other close relatives residing in Delhi, none of them have been named in the Status Report of the SHO. In the totality of the circumstances, therefore, the applicant is admitted to interim bail for a period of ten days from the date of his release on the following conditions:

(i) The applicant shall furnish a personal bond and surety bond in the sum of Rs.35,000/- each to the satisfaction of the learned Trial Court/Duty MM;

(ii) The applicant shall not leave NCT of Delhi without orders of the learned Trial Court;

(iii) The applicant shall not directly or indirectly contact the complainant or any other witnesses as any such overture will be seen as an attempt to influence the course of justice;

(iv) The applicant shall furnish his mobile phone/landline number and residential address as well as that of his surety to the I.O./SHO concerned and both shall keep their mobile/landline phones operational at all times during this period and in the event of any change of the same, will immediately inform the same to the I.O./SHO;

(v) The applicant shall drop a pin location on Google Maps so that the location of the petitioner is available to the Investigating Officer at all times.

(vi) He shall attend the court hearing without fail, if any, that falls during the period he is on interim bail.

6. The copy of this order be transmitted to the Jail Superintendant for the information of the applicant as well as to the Trial Court electronically.

7. The order be uploaded on the website forthwith.

ASHA MENON, J AUGUST 22, 2022 ak BAIL APPLN. 2359/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:22.08.2022 21:48:09