Interim Order 15

Order Details: COPY OF ORDER
Pdf Text: SC No. 290/2023
State Vs. Gopi Nath
IA No. 1/2025
FIR No. 422/2022
PS GTB Enclave
U/S 302/394/397/411 IPC
24.03.2025
This is an application filed on behalf of
applicant/accused Gopi Nath for grant of interim bail for a period
of 60 days.
Present:- Sh. Sobit, Ld. Addl. PP for the State.
Sh. Ravi Sharma, Ld. Counsel for the
applicant/accused.
ORDER
1. It is argued by Ld. counsel for applicant/accused that
he has been falsely implicated in the present case by the
complainant in connivance with the police and he is in JC since
August, 2023 and he has clean antecedents and has never been
guilty of violating the law and he belongs from poor family
having responsibility of his old aged ill father and mother and his
father is suffering from numerous of severe disease and also have
problem in his ear and presently he is even unable to move from
one place to other and mother of applicant/accused is also old
aged lady, who is also suffering from numerous of disease and in
absence of applicant/accused, she can’t be able to manage her
treatment as he is the only bread earner of his family and his
parents is totally dependent upon the income of
applicant/accused and since then he is in JC, his parents were
totally depends upon the mercy of relatives. Conduct of the
applicant/accused is good in JC and he is suffering from diseases
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relating to his back due to which, he is unable to sit or stand
properly and he is suffering from unbearable pain and has not
been provided adequate treatment and he is unable to walk due to
pain and trial will take time.
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 commission of
crime and the charge against him is framed u/s 302/394/397 IPC
and he may abscond, if released on bail and there is no medical
emergency to grant the interim bail.
3. IO has filed a reply and opposed the interim bail.
4. The allegations against the applicant/accused are
that he had inflicted knife injury to injured J Sushila and robbed
of her gold chain, gold kada, mobile phone and purse having cash
and ID and the deceased succumbed to her injury during
treatment. The charges against accused are u/s 302/394/397 IPC,
which are grave in nature and maximum punishment is life and
case property i.e. mobile phone and cash have been recovered
from him.
5. Applicant/accused has not filed any document
pertaining to the health issues of his parents. A report has been
received from Jail Superintendent that applicant/accused has
complained of lower back ache and he is getting treatment from
Jail Visiting Orthopedic doctor and physiotherapist and he is
referred to GTB Hospital on 10.03.2025 and advised medications
and he is stable. There is no medical emergency to grant bail to
applicant/accused on health issue.
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6. Considering the above facts and circumstances of
the case, the interim bail of applicant/accused Gopi Nath is
hereby dismissed.
The interim bail application of applicant/ accused
Gopi Nath 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 applicant/accused.
(Kumar Rajat)
ASJ-07/SHD/KKD Courts/Delhi
24.03.2025
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