Order 21

Order Details: COPY OF ORDER
Pdf Text: IA No. 7-23 SC 38-23
STATE Vs. Sanjay Kumar
FIR No. 174/2022
PS Crime Branch
U/sec 15/25/29 NDPS Act
02.11.2023
This is an application for grant of interim bail for 30 days
moved on behalf of accused/applicant Sanjay Kumar
Pr: Ms. Promila Singh, Ld. Addl. PP for the State.
Ms. Shivani Sharma, proxy counsel for
accused/applicant.
Reply to the application filed.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1. It is pleaded on behalf of the applicant that
accused/applicant is in custody since 17.08.2022. It is further
pleaded that wife of accused/applicant has been diagnosed with
severe pain and other bodily symptoms due to Calculus
formation in Kidney and Urinary Tract with grade-1 Fatty Liver.
It is further submitted that wife of the applicant has to undergo
surgery for the same which is scheduled for 05.11.2023. It is
further submitted that there is no other male member in the
family except the accused/applicant to look after the patient as
parents of accused are also suffering from old age ailments.
Hence, it is prayed that applicant/accused may be granted
interim bail for 30 days as accused/applicant is ready to abide
with any condition imposed by the court, if he be released on
interim bail.
ARGUMENTS ON BEHALF OF STATE
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2.1 Per contra, Ld. Addl. P.P for the State has submitted
vehemently objected the interim bail application as if
accused/applicant be released on interim bail, he may involve
himself in any other offences.
2.2 IO has verified the medical documents and as per
report of concerned doctor, the wife of accused/applicant has to
be admitted on 05.11.2023 for surgery.
Submissions heard. Record Perused.
FINDINGS/CONCLUSION
3. Considering the fact that wife of accused/applicant is
diagnosed with severe pain and other bodily symptoms due to
Calculus formation in Kidney and Urinary Tract with grade-1
Fatty Liver and her surgery is scheduled for 05.11.2023, I deem it
appropriate to grant interim bail to accused/applicant. Hence,
accused/applicant Sanjay Kumar is admitted to interim bail for
3 weeks from the date of his release subject to furnishing
personal bond to the tune of Rs. 50,000/- with one surety in
the like amount on following conditions:
(I) That the applicant/accused will supply all his
mobile number to the I.O of the case;
(II) That the mobile numbers should be always
working for 24 hours;
(III) That he will not leave Delhi without prior
permission of the Court;
(IV) That he will not commit any crime/offence
or anti social activity during the trial of the case;
(V) That he will not threaten of the witnesses or
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tamper with the prosecution evidence; and
(VI) After completion of period of interim bail,
the accused-applicant shall surrender before the
Jail Authorities.
(VII) In case of any future criminal involvement,
the interim bail shall not be extended.
The application stands disposed of accordingly.
It is hereby clarified that surgery of wife of
accused shall be done on 05.11.2023 itself and extension of
interim bail will not be granted to accused for this purpose.
The application stands disposed of accordingly.
A copy of this order be sent to the Jail
Superintendent concerned for further communication to the
accused/applicant. Copy of this order be also forwarded to
Jail Superintendent concerned through E-Mail.
(Dhirendra Rana)
Special Judge (NDPS):
North, Rohini Courts, Delhi
02.11.2023
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