Order 11

Order Details: COPY OF ORDER
Pdf Text: IA No. 3-24 SC 747-23
State Vs. Neeraj Kumar Sharma & Ors.
FIR No. 117/2023
PS Crime Branch (North)
U/sec 15/25/29 NDPS Act
20.01.2024
This is second application under section 439 CrPC for grant
of interim bail moved on behalf accused/applicant Neeraj
Kumar Sharma.
Pr: Ms. Promila Singh, Ld. Addl. PP for the State.
Sh. Ramanuj Sharma, Ld. Counsel for
accused/applicant through VC.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1. It is submitted by ld. Counsel for accused that wife
of accused/applicant was admitted to hospital on 15.01.2023 and
she gave birth to a baby girl. It is further submitted that there is
no other adult member in the family to take care of the expenses
of her treatment and to look after her well being. Hence, it is
prayed that accused/applicant be granted interim bail as he is
ready to abide with any condition imposed by the court.
ARGUMENTS ON BEHALF OF STATE
2.1 Per contra, Ld. Addl. PP for the State has
vehemently opposed the application.
2.2 IO has filed verification report wherein it is stated
that wife of accused has undergone normal delivery and no extra
care or precaution is required. It is further submitted that wife of
accused/applicant is residing in joint family with mother, elder
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brother and other family members of accused/applicant Neeraj
Kumar Sharma and can take care wife of accused/applicant.
Submissions heard. Record perused.
FINDINGS/CONCLUSION
3. Considering the fact that accused is blessed with a
baby on 14.01.2024, accused/applicant Neeraj Kumar Sharma is
admitted to interim bail on humanitarian grounds for one
week, so that he can meet his daughter, 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 subject to the
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
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.
It is hereby clarified that interim bail of
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accused/applicant shall not be extended in any case.
The application stands disposed of accordingly.
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.
(Dhirendra Rana)
Special Judge (NDPS):
North, Rohini Courts, Delhi
20.01.2024
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