Mr. Mohd. Suza Faisal, Advocate via video-conferencing v. STATE GOVT. OF NCT OF DELHI

O R D E R 20.01.2025 Pursuant to the previous orders, Mr. Tarang Srivastava, learned APP appearing for the State has handed-up a Status Report dated 20.01.2025, which narrates that the attending doctor of the petitioner’s wife has confirmed that she has been consulting him for the last 02 to 03 months with a diagnosis of atrial septal defect viz. a hole in the heart with pulmonary arterial hypertension, which requires major surgery. Status Report dated 20.01.2025 is taken on record.

2. The attending doctor has further confirmed that the petitioner’s wife would need to be admitted to hospital for 07-10 days before she can be operated upon; and that she would be discharged 05-06 days thereafter; requiring about 02-03 months for full recovery.

3. Though the doctor has opined that the surgery is not an emergency, he has clearly said that her medical condition should be operated upon as early as possible. This is a digitally signed order. BAIL APPLN. 4634/2024 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 24/01/2025 at 15:43:45

4. Learned APP points-out that 460 grams of heroin was recovered from the petitioner’s possession; that he has a ‘Bad Character’ of the area under P.S.: Patel Nagar, Delhi; and that he has previously been involved in 22 serious cases. That said, learned APP leaves it to the court to pass appropriate orders.

5. Furthermore, the court is informed that the petitioner’s wife was directed to get herself admitted to hospital on 22.01.2025. A copy of the medical prescription to that effect has been shown to the court.

6. Nominal Roll dated 01.01.2025 received from the Jail Superintendent shows, that in the present case, the petitioner has been in judicial custody for a little more than 10 months; and that his jail conduct has been ‘satisfactory’. The nominal roll also reflects a list of 04 other cases in which the petitioner is involved, though he is shown as admitted to bail in all of them.

7. Although there is no doubt that the petitioner has a list of other serious criminal implications, this court is persuaded by the consideration that the petitioner’s conduct ought not to result in acute hardship and suffering for his family members, in this case his wife, who requires to undergo major surgery for remedying the hole in her heart.

8. In view of the above, this court is persuaded to grant to the petitioner – Vikas @ Vickey s/o Jagat Kumar – interim bail for a period of 04 weeks from the date of his release, subject to the following conditions:

8.1. The petitioner shall furnish a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with 02 sureties in the like This is a digitally signed order. BAIL APPLN. 4634/2024 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 24/01/2025 at 15:43:45 amount from family members, to the satisfaction of the Jail Superintendent;

8.2. The petitioner shall present himself before the S.H.O of the local police station in Jaipur, Rajasthan where he will be residing during the period of his interim bail, every Friday between 11 am and 11:30 to mark his presence. However, he will not be kept waiting longer than an hour for this purpose;

8.3. The petitioner shall furnish to the Investigating Officer/S.H.O, P.S.: Crime Branch, Delhi as well as to the SHO of the local P.S. in Jaipur, Rajasthan a cell-phone number on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched-on at all times;

8.4. While on interim bail, the petitioner shall not leave the State of Rajasthan, except while travelling to-and-from Delhi, without the permission of this court;

8.5. If the petitioner has a passport, he shall surrender the same to the Jail Superintendent and shall not travel out of the country without prior permission of this court;

8.6. The petitioner shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or other persons acquainted with the facts of case. The petitioner shall not tamper with evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial; and

8.7. Upon expiry of the period of interim bail, the petitioner shall surrender before the Jail Superintendent. This is a digitally signed order. BAIL APPLN. 4634/2024 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 24/01/2025 at 15:43:45

9. Furthermore, if the petitioner’s wife’s surgery does not happen within 07-10 days of 22.01.2025 as scheduled, the petitioner is directed to

12. surrender back to custody forthwith. The petition is accordingly disposed-of in the above terms. Pending applications, if any, stand disposed-of. Let a copy of this order be sent to the Jail Superintendent forthwith for information and compliance.

13. A copy of this order be given dasti under signatures of the Court Master. JANUARY 20, 2025 V.Rawat ANUP JAIRAM BHAMBHANI, J This is a digitally signed order. BAIL APPLN. 4634/2024 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 24/01/2025 at 15:43:45