Delhi High Court - Orders
Sandeep Aggarwal vs State Of Nct Of Delhi on 23 January, 2024
$~89
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 192/2024
SANDEEP AGGARWAL ..... Applicant
Through: Mr. Birendra Kumar
Pandey, Mr. Santosh
Kumar, Mr. Mrinal
Kaushik, Mr. Neetish
Kumar Pandey & Ms. Jaya
Bharti Singraha, Advs.
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr. Mukesh Kumar, APP
for the State through V.C.
SI Sandeep, PS DBG
Road.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
ORDER
% 23.01.2024 CRL.M.A. 1469/2024 (for exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
BAIL APPLN. 192/20243. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of interim bail in FIR No. 81/2021 dated 20.03.2021 under Sections 420/467/468/471/120B/34 of the Indian Penal Code, 1860 registered at Police Station D.B.G Road on medical grounds.
4. The learned counsel for the applicant submits that the learned Trial Court by separate orders both dated 24.11.2023 had granted interim bail to the applicant on the medical grounds, in 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 25/01/2024 at 06:36:55 FIR No.201/2010 as well as FIR No.446/2018. However, he submits that the applicant could not be released since he is also in custody in the present FIR No. 81/2021. He submits that the regular bail application being BAIL APPLN. 3854/2023 in FIR 81/2021, is pending consideration before this Court.
5. The medical status of the applicant has not been denied. The medical report dated 01.01.2024 received from Senior Medical Officer, Jail Dispensary, Central Jail No.1 Tihar Jail, New Delhi, clearly indicates that the applicant is suffering from various ailments. The applicant is suffering from Bronchial Asthma, Hypertension, Hypothyroidism, Type 2 Diabetes Mellitus, multiple intervertebral Disc prolapse with bilateral compressive Radiculopathy.
6. The medical report also states that the applicant is provided regular treatment for asthmatic episodes and regular complaints of shortness of breath with severe Low Backache with Stiffness due to spine problem PIVD L3-4, L4-5, L5-51 with bilateral compressive Radiculopathy with secondary lumbar canal stenosis.
7. Considering that the applicant has already been directed to be released on interim bail by the orders passed by the learned Trial Court, the applicant is directed to be released on an interim bail for a period of 30 days on furnishing a personal bond in the sum of ₹30,000/- with two sureties of the like amount, subject to the satisfaction of the concerned Jail Superintendent, on the following conditions:
a. That the applicant/ accused shall not leave Delhi without informing the IO/SHO in advance;
b. That the applicant upon is release shall provide his mobile number to the IO, and shall keep it functioning at all times;
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 25/01/2024 at 06:36:55 c. That the applicant shall also furnish his address details to the IO where he will be residing during the period of interim bail;
d. In case of change of his residential address, the applicant shall intimate the IO about the same;
e. The applicant/ accused shall not try to contact the complainant/ witnesses in any manner;
f. The applicant shall not commit any offence during the period of interim bail;
g. That the applicant shall surrender before Jail Authorities after the expiry of period of interim bail.
8. The application is disposed of in aforementioned terms.
AMIT MAHAJAN, J JANUARY 23, 2024 "SK"
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 25/01/2024 at 06:36:56