Final Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF SPECIAL JUDGE (PC ACT) (ACB)-02,
ROUSE AVENUE DISTRICT COURTS, NEW DELHI
Presided Over by: Ashish Aggarwal, DHJS
Bail Application No.245/2024
State v Vishal Kumar
FIR No.5/2023
PS Anti-Corruption Branch
14.11.2024
This is an application for interim bail on behalf of applicant/accused Vishal
Kumar.
Present : Sh. Manoj Kumar Garg, Ld. PP for State.
Sh. Rahul Gupta, Ld. Counsel for applicant/accused Vishal Kumar.
IO ACP Jarnail Singh is present.
1. By this order, the application for interim bail filed by applicant/accused
Vishal Kumar is proposed to be decided.
2. It is stated in the application that the applicant Vishal Kumar is a Chartered
Accountant; that the applicant has been falsely implicated in the case; that the
applicant is living with his family comprising of his parents, elder brother and his
wife; that the applicant is the sole earning member for his family; that the mother
of the applicant suffers from high blood sugar; that wife of the applicant suffers
from vertigo; that the brother of the applicant suffers from schizophrenia with
manic depression (bipolar disorder) and has frequent seizures since eight or nine
years; that the brother of the applicant is unable to work or to look after himself or
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even to take care of the parents of the applicant; that the father of the applicant
retired as post master and has been suffering from heart ailment apart from high
blood pressure due to which he was also admitted in the hospital; that it is only
the applicant who is in a position to take care of his father.
3. Ld. Public Prosecutor for State has opposed the application.
4. A report has been filed by the investigating officer as reply to the
application for interim bail. As per the said report, the medical documents of the
father of the applicant, mother of the applicant, brother of the applicant and wife of
the applicant have all been verified and found to be correct. Only one additional
report relating to a psychiatrist could not be verified as the doctor was out of Delhi.
It is also mentioned in the reply that co-accused Babita Sharma has been granted
interim bail on health grounds. It is specifically mentioned in the reply of the IO
that the grounds mentioned by the accused are correct and have been duly
verified. It is also mentioned in the reply that charge-sheet against the applicant
has already been filed. The investigating officer has also recorded a statement of
a friend of the applicant who has stated that he had got the father of the applicant
admitted in the hospital and has confirmed about the ailments suffered by family
members of the applicant.
5. I have heard arguments.
6. The applicant had previously filed an application for regular bail. The said
application is still pending because the Investigating Officer needs to respond to
the questions of the Court. In the meantime, the applicant has preferred the
application for interim bail owing to medical conditions of family members of the
applicant.
7. The applicant is a Chartered Accountant by profession. He is a resident of
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Delhi. His father is suffering from heart ailment. His wife is suffering from vertigo.
His mother is suffering from high blood sugar. His elder brother is suffering from
schizophrenia and bipolar disorder. No family member has been pointed out by
the IO who could take care of the said persons in the absence of the applicant.
Medical documents have been verified by the IO and found to be correct. Charge-
sheet against the applicant has already been filed. Co-accused Babita Sharma
has already been released on interim bail. In the light of aforesaid circumstances,
the application is allowed. The applicant is directed to be released on interim bail
for a period of four weeks from the date of release subject to furnishing of
personal bond in the sum of Rs.25,000/- with one surety in the like sum. It is
directed that during the period of release, the applicant shall not directly or
indirectly make any inducement, threat or promise to any person acquainted with
the facts of the case. The applicant shall not leave the territory of NCR without the
permission of this Court.
8. Copy of this order be sent to the Jail Superintendent for information and
compliance.
(Ashish Aggarwal)
Special Judge (PC Act)(ACB)-02
Rouse Avenue District Courts, New Delhi
14.11.2024
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