Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: SC No. 350/2024
IA No. 2/2024
State Vs. Pankaj & Ors.
FIR No. 233/2024
PS Harsh Vihar
04.11.2024
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. Ld. Counsel for applicant/accused
Rocky (through VC).
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 has been
granted interim bail by this court vide order dt. 22.10.2024 till
05.11.2024 on the medical grounds of his son. After releasing
from jail, he has provided the medical treatment to his son and
taken him to hospital for the purpose of treatment in OPD, but
still his son has not been recovered. The presence of
applicant/accused is required with his ailing son in order to
provide the proper and necessary treatment. It is further
submitted that being the father, he is having additional
responsibility to take care and provide the proper and necessary
treatment to his ailing son.
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 the
child can be taken care of by his mother and other relatives.
-- 1 of 3 --
3. IO has filed a reply and verified the medical
document annexed with the bail application.
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. The applicant/accused
was granted interim bail by this court vide order dt. 22.10.2024
till 05.11.2024 on the medical grounds of his son. As per the
doctors of Nav Jeevan Hospital, Meerut, the child needs more
care of parents for 10-15 days. IO has verified the said document
from the said Nav Jeevan Hospital and that child is still under
treatment in OPD.
6. There is requirement to arrange the funds as well as
support for the care and treatment of his minor child and there is
no previous involvement of the applicant/accused.
7. Considering the above facts and circumstances of
the case, the interim bail of applicant/accused Rocky is extended
till 14.11.2024 subject to following conditions:-
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. in the
afternoon on 14.11.2024 under intimation to this
-- 2 of 3 --
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.
The extension of 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
04.11.2024
-- 3 of 3 --