Rahul Dabas Alias Kala vs State Of Nct Of Delhi on 5 May, 2020

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Delhi High Court - Orders

Rahul Dabas Alias Kala vs State Of Nct Of Delhi on 5 May, 2020

Bench: Prateek Jalan

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+       BAIL APPLN. 847/2020

        RAHUL DABAS alias KALA                     ..... Petitioner
                     Through: Mr. Abhinav Ramkrishna &
                               Ms.Anjali Chauhan, Advocates.

                                   versus

        STATE OF NCT OF DELHI                            ..... Respondent
                      Through:          Mr. Amit Chadha, APP for the
                                        State.

CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN

                           ORDER

% 05.05.2020 CRL.M.A. No. 6107/2020(exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.A. Nos. 6108-6109/2020(exemption) Exemption allowed, upon learned counsel for the petitioner undertaking to make good the defects within two weeks of resumption of the regular functioning of the Court.

The applications are disposed of.

BAIL APPLN. 847/2020

1. This is an application for interim bail by the petitioner who is Bail Appln. 847/2020 Page 1 of 3 accused in FIR No. 10/2015 registered in PS: Special Cell under Sections 3 and 4 of the Maharashtra Control of Organized Crime Act, 1999.

2. The petitioner's application for regular bail (Bail Application no. 794/2020) was dismissed as withdrawn by an order dated 29.04.2020, on the statement of learned counsel for the petitioner that he would like to apply for interim bail.

3. Mr. Abhinav Ramkrishna, learned counsel for the petitioner submits that he is unable to approach the Sessions Court for interim bail during the present national lockdown on account of the Covid-19 pandemic, as e- filing of bail applications in the Sessions Court is not available. Mr. Ramkrishna states that his own residence is in a containment zone which makes it impossible for him to access the Sessions Court physically.

4. Mr. Ramkrishna further submits in support of the application for interim bail that the family of the petitioner consists only of his wife and his grandmother who is aged about 72 years. He states that his grandmother is in extremely fragile health and it is impossible for his wife to look after her and manage the daily affairs of the home.

5. Mr. Amit Chadha, learned counsel appearing for the State, opposes the application and draws my attention to the status report filed in the petitioner's application for regular bail. He submits that the petitioner is a part of an organised crime syndicate and that the petitioner's grandmother and wife are also implicated in some of the offences committed. He submits that the petitioner, keeping in mind the contents of the said status report is not entitled to interim bail under any circumstances.

6. Having heard learned counsel for the parties, I am of the view that the present application, as it stands, does not disclose any grounds whatsoever for grant of interim bail at this stage. It contains vague Bail Appln. 847/2020 Page 2 of 3 allegations regarding the illness of the petitioner's grandmother which appear to follow from her age rather than from any specific present ailment. Although Mr. Ramkrishna submitted that the petitioner's grandmother requires constant attendance and is unable even to perform activities of daily living independently, and that the petitioner's family is at present unable to arrange even for its daily dietary requirements necessitating the petitioner selling some property, these oral submissions are not supported by any contention in the petition. Further, the contentions in the petition are themselves not supported by any documentary evidence.

7. At this stage, Mr.Ramkrishna seeks two days' time to file documents in support of the contentions raised in the petition. He is granted liberty to file the documents by 08.05.2020 with an advance copy to Mr. Chadha. The documents should include specific medical reports regarding the condition of the petitioner's grandmother, including any special circumstances which might necessitate the presence of the petitioner for a short period. Upon the documents being served upon Mr.Chadha, Mr. Chadha will file a status report dealing with the contentions raised therein within one week thereafter. The rights and contentions of Mr. Chadha are expressly reserved.

8. List before the appropriate bench on 18.05.2020.

PRATEEK JALAN, J MAY 05, 2020 'pv' Bail Appln. 847/2020 Page 3 of 3

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Delhi High Court - Orders