Order 4

Order Details: COPY OF ORDER
Pdf Text: SC No. 350/2024
IA No. 1/2024
State Vs. Pankaj & Ors.
FIR No. 233/2024
PS Harsh Vihar
22.10.2024
This is an application for grant of interim bail for a
period of one month moved on behalf of the applicant/accused
Rocky.
Present:- Sh. Sobit, Ld. Additional PP for the State.
Sh. R K Kochar and Sh. Vishal, Ld. Counsels for
applicant/accused Rocky.
IO/SI Nitin Kumar in person.
ORDER
1. It is argued by Ld. counsel for applicant/accused that
he has been falsely implicated in the present case and he is in JC
since 10.06.2024 and his son aged about 5 years is suffering from
high grade fever, vomiting since 13.10.2024 and he is admitted in
Nav Jeevan Hospital in emergency at Meerut, UP and his
condition is not well as he has not recovered till date. The son of
applicant/accused is not receiving proper and necessary treatment
and being father, he can ensure the better care and treatment to
the minor child and his presence is required to look after his
ailing son and interim bail of one month may be granted to the
applicant/accused. It is also submitted that charge-sheet has
already been filed and investigation is complete and there is no
previous involvements of applicant/accused and he has to arrange
the funds for treatment at the private hospital.
2. Ld. Addl. PP for the State has opposed the bail
application on the ground of gravity of offence and that
applicant/accused has played an active role in the crime and if
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released on interim bail, he may abscond.
3. IO has filed a reply and verified the medical
documents.
4. I have heard the rival contentions of the bail
application and perused the record.
5. In the present case, the FIR was registered u/s 308
IPC at PS Harsh Vihar on the allegations that applicant/accused
along with others had caused beatings to the victim Harsh, who
suffered internal injuries and he was admitted in GTB Hospital
and later on, when he died after the investigation, charge-sheet
was filed u/s 304/34 IPC. The accused is in JC since 10.06.2024
and his son aged about 5 years, is unwell and IO has verified the
document from the said Nav Jeevan Hospital that he was
admitted on 13.10.2024 with the complaint of fever on and off
and recurrent vomiting and he had gone from there on Lama on
14.10.2024 and again admitted on 16.10.2024 under Dr. Vikas
Aggarwal with severe dehydration and he is still under treatment.
6. There is requirment to arrange the funds as well as
support for the care and treatment of his minor child and there is
no previous involvements of the applicant/accused filed by the
IO.
7. Considering the above facts and circumstances of
the case, the interim bail of applicant/accused Rocky is allowed
and he is admitted to interim bail for a period of 15 days till
05.11.2024 on his furnishing a personal bond in the sum of Rs.
50,000/- with one surety of like amount to the satisfaction of this
court, subject to following conditions:-
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1. That accused will not contact complainant/victim or
his family members or any prosecution witness
directly or indirectly in any manner.
2. That accused shall surrender before the Jail
Superintendent at the expiry of bail period i.e. on
05.11.2024 under intimation to this court.
3. The accused shall not leave the limits of Delhi NCR
and Meerut, UP during the period of bail.
4. The accused shall provide his mobile number to the
SHO concerned and make a video call to the SHO
every alternate day till he surrenders.
Nothing mentioned herein shall tantamount to any
expression on the merits of the case.
8. The interim bail application of applicant/accused
Rocky is accordingly disposed of.
Copy of this order be sent to Jail superintendent
concerned, IO/SHO concerned and be given dasti to Ld. counsel
for accused.
(Kumar Rajat)
ASJ-07/SHD/KKD Courts/Delhi
22.10.2024
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