Order 20

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF DR. HARDEEP KAUR,
ADDITIONAL SESSIONS JUDGE-02, NEW DELHI
DISTRICT, PATIALA HOUSE COURTS, NEW DELHI.
IA No.5/2024
SC No.295/2023
FIR No.165/2023
PS Special Cell
U/s. 489A/489B/489C/34 IPC
Tajeem Vs. State of NCT of Delhi
ORDER
1. By this order, this Court shall dispose of application of
applicant/ accused Tajeem under Section 439 Cr.P.C. seeking
interim bail.
2. It is submitted by the Ld. counsel for applicant/ accused that
applicant/ accused is falsely implicated in the present case and is 41
years old and having very good antecedents and has no previous
involvement in any criminal case. Applicant/ accused is seeking the
grant of interim bail on the ground that his wife Smt. Asma has
been diagnosed to be suffering from left parietal lobe intra axial
mass effect (Glioma-brain Tumor) in her brain as a result she had
acute pain with vomiting and dizziness problem so doctors advised
to his wife Craniotomy and Decompression (Surgery to remove
brain tumor in her brain) which is fixed for 17.04.2024 while she
would be admitted into hospital on 16.04.2024.
3. It is further submitted that applicant/ accused is sole bread
earner in his family and having four minor children and for this
purpose her wife needs an attendant and finances for her surgery.
There is no male member in his family to take care of his wife.
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Apart from this wife of applicant/ accused is also a kidney patient.
Applicant/ accused undertakes that he will not directly or indirectly
make any inducement, threat or promise to any person and is ready
and willing to accept any other conditions as may be imposed by
the Court.
4. Reply to the present application filed by the IO.
5. Ld. Addl. PP for State has forcefully argued that
applicant/accused Tajeem has also filed bail application in the
Hon’ble High Court of Delhi vide Bail Application no.1184/2024.
The said matter was listed in the Hon’ble High Court, Delhi on
05.04.2024 and next date of hearing before Hon’ble High Court of
Delhi is 11.07.2024.
6. It is further submitted that in the month of March, 2024 also,
applicant/ accused had applied for interim bail on the medical
grounds of his wife where the disease mentioned was Kidney
related. The said bail application was dismissed by this Court vide
order dated 21.03.2024. Allegations against the accused are grave
and serious in nature. There is every chance that applicant/ accused
may jump the bail and it will be very difficult to ensure his presence
during trial. He might also indulge in similar criminal activities if
granted bail. Hence, the bail application is highly opposed.
7. This Court heard the arguments on behalf of the parties and
perused the record carefully.
8. It is noted that applicant/ accused has filed 1st interim bail
application on the medical ground of his wife (Kidney problem)
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and the same was dismissed by this Court vide order dated
08.11.2023. Then applicant/ accused moved an application for grant
of regular bail and the same was also dismissed vide order dated
21.03.2024. Thereafter, applicant/ accused moved an application for
grant of regular bail before Hon’ble High Court of Delhi vide Bail
Application no.1184/2024 which was listed on 05.04.2024 before
Hon’ble High Court of Delhi and next date of hearing before
Hon’ble High Court on application of applicant/ accused for grant
of regular bail is 11.07.2024. Applicant/ accused filed the present
application on the ground of illness of his wife (Brain Tumor).
9. Allegations against the applicant/ accused are grave and
serious in nature. Evidence in the present case is still going on.
Further, his regular bail application is still pending before Hon’ble
High Court of Delhi.
10. In the light of aforesaid discussion, this Court is not inclined
to release the applicant/ accused Tajeem on interim bail. Therefore,
present application stands dismissed.
Copy of this order be given dasti.
Typed to the dictation directly,
corrected and pronounced in the
open Court on 10.04.2024.
(Dr. Hardeep Kaur)
Additional Sessions Judge-04
New Delhi District,New Delhi
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