✦ High Court of India · 14 May 2025

Mr. Pradeep Sharma, Advocate v. STATE NCT OF DELHI

Case Details High Court of India · 14 May 2025
Court
High Court of India
Decided
14 May 2025
Bench
Not available
Length
1,045 words

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1244/2025 & CRL.M.A. 9662/2025 ADESH @ VIMAL .....Petitioner Through: Mr. Pradeep Sharma, Advocate. versus STATE NCT OF DELHI .....Respondent Through: Mr. Utkarsh, APP for the State with SI Anil, PS: Seemapuri. CORAM: HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 14.05.2025 1. First Bail Application has been filed on behalf of the Petitioner for grant of Regular bail under Section 483 BNSS in case FIR No.1456/2014 under Sections 364A/120B/328/394/397/34 IPC registered at Police Station Seemapuri. 2. It is submitted that the allegations against the applicant was that he had abducted Rishab Verma from his house on 13.10.2014 and had made a demand of ransom of Rs. 4 crore. The raid was conducted and eventually Rishab Verma was recovered from a house in Ghaziabad, U.P. The applicant was apprehended on 19.10.2014. The other co-accused was also apprehended. 3. On investigation, chargesheet was filed on 13.11.2014 and charges under Sections 365/364A/120B/328/394/397/34 IPC were framed on 10.02.2015. 4. The record reveals that on 02.12.2016, applicant was admitted to interim bail for a period of two months on medical grounds, which was This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:34:56 extended till 21.02.2017. But thereafter, he failed to appear before the Court and non-bailable warrants were issued against him. On 07.07.2017, he was eventually declared ‘Proclaimed Offender’ under Section 83 Cr.P.C on 02.04.2018. He was re-arrested on 07.03.2024. 5. The Applicant has sought bail on the ground that he has been implicated falsely in this case. It is on account of his medical illness, as he was suffering from Fistula and the Anus was bleeding profusely, that he was granted interim bail. He remained admitted in the hospital at Ghaziabad, U.P. for his surgery. He could not arrange sufficient funds for his operation, which got postponed eventually. On 21.02.2017, he was admitted in hospital and Operation was done. He was discharged from the hospital on 01.03.2017. However, the condition of the applicant was serious and he required hygienic atmosphere to avoid infection. He therefore, moved an Application for extension of Bail on 07.03.2017, which was rejected on the same day and the Non-Bailable Warrants were issued against him. 6. He submitted that he had gone to his native village at Farrukhabad, U.P. for management and further treatment from March, 2017 till December, 2018. He suffered an accidental fire shot injury on 23.12.2018 in his abdomen, while he was in his village. A Letter was written by Sangram Singh (brother of the applicant/accused) to the Manager of the treating hospital, i.e. The Care Hospital Farrukhabad, U.P. about his being under treatment. He remained under the treatment of the Doctors at his native place. 7. In November, 2024, Smt. Savita (wife of the applicant/accused) started developing complications in her abdomen and she was admitted in GTB Hosptial, where an urgent surgery was conducted. There was no male This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:34:56 member in the family to take care children, as the wife was bedridden and the family of the applicant was facing starvation. He has been in judicial custody for sufficient time. No fruitful purpose would be served by keeping him behind the bars. Hence a prayer is made to release. 8. Status report has been filed, which is taken on record. In the status report, while detailing the entire investigation and the filing of Chargesheet, it has been further stated that out of total 24 witnesses, statements of 21 Prosecution witnesses have been recorded. 9. Learned counsel for the Applicant has submitted that all the material witnesses have been recorded. The applicant is in custody for more than a year and thus, be admitted to bail. 10. Learned APP for the State submits that considering the gravity of the offence and the conduct of the applicant, he may not be admitted to bail. 11. Submissions heard and record perused. 12. First and foremost, the applicant is stated to have known the father of Rishab Verma, who had been abducted by him, as both were in the property business. The offence committed was of kidnapping of Rishab Verma son of the complainant for ransom of Rs. 4 crore, which is heinous offence. 13. Further, the conduct of the applicant is that he was admitted to Interim Bail on 02.12.2016, which was extended till 21.02.2017. However, he failed to surrender himself and was declared ‘Proclaimed Offender’ on 02.04.2018. He has been again arrested only on 07.03.2024, i.e. after about 6 years. 14. The Applicant has tried to explain that he could not surrender himself as he was suffering from ‘Piles’ and thereafter, suffered a gunshot injury in his stomach. 15. The medical record shows that he got operated for Fistula in February, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:34:56 2017 and was discharged on 01.03.2017. Thereafter, there are no documents of medical record. He claims to have been shot in stomach in 2018, but there is nothing to show that he was medically unwell. Even at the jail, there is no medical record to show that he has suffered from ailments or required any emergency treatment. 16. Considering the gravity of the offence and also his conduct, it cannot be said that he is not a flight risk in case he is admitted to bail. Consequently, the Bail Application is dismissed. 17. Pending Applications, if any, also stand disposed of. NEENA BANSAL KRISHNA, J. MAY 14, 2025/R

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1244/2025 & CRL.M.A. 9662/2025 ADESH @ VIMAL .....Petitioner Through: Mr. Pradeep Sharma, Advocate. versus STATE NCT OF DELHI .....Respondent Through: Mr. Utkarsh, APP for the State with SI Anil, PS: Seemapuri. CORAM: HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 14.05.2025 1. First Bail Application has been filed on behalf of the Petitioner for grant of Regular bail under Section 483 BNSS in case FIR No.1456/2014 under Sections 364A/120B/328/394/397/34 IPC registered at Police Station Seemapuri. 2. It is submitted that the allegations against the applicant was that he had abducted Rishab Verma from his house on 13.10.2014 and had made a demand of ransom of Rs. 4 crore. The raid was conducted and eventually Rishab Verma was recovered from a house in Ghaziabad, U.P. The applicant was apprehended on 19.10.2014. The other co-accused was also apprehended. 3. On investigation, chargesheet was filed on 13.11.2014 and charges under Sections 365/364A/120B/328/394/397/34 IPC were framed on 10.02.2015. 4. The record reveals that on 02.12.2016, applicant was admitted to interim bail for a period of two months on medical grounds, which was This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:34:56 extended till 21.02.2017. But thereafter, he failed to appear before the Court and non-bailable warrants were issued against him. On 07.07.2017, he was eventually declared ‘Proclaimed Offender’ under Section 83 Cr.P.C on 02.04.2018. He was re-arrested on 07.03.2024. 5. The Applicant has sought bail on the ground that he has been implicated falsely in this case. It is on account of his medical illness, as he was suffering from Fistula and the Anus was bleeding profusely, that he was granted interim bail. He remained admitted in the hospital at Ghaziabad, U.P. for his surgery. He could not arrange sufficient funds for his operation, which got postponed eventually. On 21.02.2017, he was admitted in hospital and Operation was done. He was discharged from the hospital on 01.03.2017. However, the condition of the applicant was serious and he required hygienic atmosphere to avoid infection. He therefore, moved an Application for extension of Bail on 07.03.2017, which was rejected on the same day and the Non-Bailable Warrants were issued against him. 6. He submitted that he had gone to his native village at Farrukhabad, U.P. for management and further treatment from March, 2017 till December, 2018. He suffered an accidental fire shot injury on 23.12.2018 in his abdomen, while he was in his village. A Letter was written by Sangram Singh (brother of the applicant/accused) to the Manager of the treating hospital, i.e. The Care Hospital Farrukhabad, U.P. about his being under treatment. He remained under the treatment of the Doctors at his native place. 7. In November, 2024, Smt. Savita (wife of the applicant/accused) started developing complications in her abdomen and she was admitted in GTB Hosptial, where an urgent surgery was conducted. There was no male This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:34:56 member in the family to take care children, as the wife was bedridden and the family of the applicant was facing starvation. He has been in judicial custody for sufficient time. No fruitful purpose would be served by keeping him behind the bars. Hence a prayer is made to release. 8. Status report has been filed, which is taken on record. In the status report, while detailing the entire investigation and the filing of Chargesheet, it has been further stated that out of total 24 witnesses, statements of 21 Prosecution witnesses have been recorded. 9. Learned counsel for the Applicant has submitted that all the material witnesses have been recorded. The applicant is in custody for more than a year and thus, be admitted to bail. 10. Learned APP for the State submits that considering the gravity of the offence and the conduct of the applicant, he may not be admitted to bail. 11. Submissions heard and record perused. 12. First and foremost, the applicant is stated to have known the father of Rishab Verma, who had been abducted by him, as both were in the property business. The offence committed was of kidnapping of Rishab Verma son of the complainant for ransom of Rs. 4 crore, which is heinous offence. 13. Further, the conduct of the applicant is that he was admitted to Interim Bail on 02.12.2016, which was extended till 21.02.2017. However, he failed to surrender himself and was declared ‘Proclaimed Offender’ on 02.04.2018. He has been again arrested only on 07.03.2024, i.e. after about 6 years. 14. The Applicant has tried to explain that he could not surrender himself as he was suffering from ‘Piles’ and thereafter, suffered a gunshot injury in his stomach. 15. The medical record shows that he got operated for Fistula in February, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:34:56 2017 and was discharged on 01.03.2017. Thereafter, there are no documents of medical record. He claims to have been shot in stomach in 2018, but there is nothing to show that he was medically unwell. Even at the jail, there is no medical record to show that he has suffered from ailments or required any emergency treatment. 16. Considering the gravity of the offence and also his conduct, it cannot be said that he is not a flight risk in case he is admitted to bail. Consequently, the Bail Application is dismissed. 17. Pending Applications, if any, also stand disposed of. NEENA BANSAL KRISHNA, J. MAY 14, 2025/R

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