Interim Order 18

Order Details: COPY OF ORDER
Pdf Text: IA 5-24
SC No. 747-2023
STATE Vs. Dilip Kumar Mishra
FIR No. 117/2023
PS Crime Branch (North)
U/sec 15/25/29 NDPS Act
16.04.2024
This is an application under section 439 CrPC for grant of interim
bail moved on behalf of accused/applicant Dilip Kumar Mishra.
Pr: Ms. Promila Singh, Ld. Addl. PP for the State.
Sh. Rahul Kashyap, Ld. Counsel for
accused/applicant.
Reply to the application filed. Copy supplied.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1. It is argued on behalf of accused/applicant that he is
having a minor daughter aged about 6 years and she is to be admitted
in school for the first time. It is further submitted that wife of
accused/applicant is illiterate lady, having no source of income and
therefore, she is not in a condition to arrange funds for getting
admission in school. Hence, it is prayed that accused/applicant be
released on interim bail for two months as he is ready to abide with
any condition imposed by the court.
Ld. Counsel has placed on record copy of student
admission form issued by Municipal Corporation of Delhi.
ARGUMENTS ON BEHALF OF STATE
2.1 Per contra, ld. Addl. PP for the State has vehemently
opposed the bail application stating that as per reply filed by IO, an
enquiry was conducted and found that applicant’s wife is living at
rented accommodation and her two children are already studying in
the school which shows that wife of accused/applicant is capable to
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enroll her third child in the school herself without the help of
applicant/accused.
Submissions heard. Record perused.
FINDINGS/CONCLUSION
3.1 Two children of accused/applicant are already studying
in school and wife of accused/applicant is capable to enroll her third
child in the school herself without the help of accused/applicant. As
far as ground for arranging funds for the admission is concerned, Ld.
Counsel has shown the school admission form of Municipal
Corporation of Delhi and no fund is required for the admission in said
school.
3.2 In view of the above facts and circumstances of the case,
I am of the considered view that no ground is made out for grant
interim bail to accused/applicant Dilip Kumar Mishra. Therefore,
the application moved on behalf of the accused/applicant Dilip
Kumar Mishra stands dismissed.
Pursuant to directions issued by Hon’ble Supreme
Court of India in SMWP (Criminal) No. 4/2021 titled as In Re
Policy Strategy for Grant of Bail as well as in compliance of
judgment titled as Ajay Verma Vs. State, copy of this order be sent
to Jail Superintendent through e-mail.
Copy of this order be given dasti as prayed for.
(Dhirendra Rana)
Special Judge (NDPS):
North, Rohini Courts, Delhi
16.04.2024
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