BAIL APPLN./1131/2020 of LALIT KUMAR Vs STATE

*IN THE HIGH COURT OF DELHI AT NEW DELHI+BAIL APPLN. 1131/2020LALIT KUMAR..... PetitionerThroughMr.Syed Rehan, Adv.versus

..... Petitioner

STATE OF NCT OF DELHI

..... Respondent

ThroughMs.Manjeet Arya, APP for the Statewith IO Sh.Robin Singh.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATHO R R%06.08.2020

1.This hearing is conducted through video conferencing.

2.This application is filed by the petitioner under section 439 Cr.P.C.seeking interim bail in FIR No.128/2019 registered under section 307 IPCread with sections 25/27/54 of the Arms Act at P.S. Civil Lines, Delhi.

3.It is the claim of the petitioner that while he was leaving afterfinishing his duty for home Sh.Rahul Gupta, owner of Olive Fitness Gymwas coming towards the Gym when suddenly person reached out and firedbullets on Sh.Rahul Gupta and ran away. However, the petitioner wasarrested on 26.07.2019. Charge-sheet has been filed on 20.09.2019.

4.It is the contention of the petitioner that he is suffering from Asthmaand is having difficulty in breathing. It is also stated that in the currentpandemic situation due to Covide-19 his health is deteriorating in judicialcustody. It is also claimed that he was hospitalised recently in the jailhospital and has been diagnosed with difficulty in breathing. He also claimsto using oxygen cylinder pump in his barrack.

5.A status report has been filed by the State. In the status report, it isstated that the investigation reveals that the accused/petitioner worked as atrainer in the said Gym. He was ousted from the Gym by Sh.Rahul Guptaand allegedly humiliated in front of the Gym staff.It is stated that thepetitioner decided to kill Rahul Gupta and hatched plan. The petitionerwhile commissioning the crime is said to have covered his face with clothand helmet.

6.A medical status report has also been filed from the office of SeniorMedical Officer, Dispensary, Central Jail, Tihar. As per the medical report,the patient was examined on 15.04.2020 as follow up of Bronchial Asthmaand was advised medications. He was also reviewed on 20.04.2020 and wasdiagnosed as case of Bronchial Asthma and was advised treatment forAsthma accordingly. The case of the petitioner was reviewed on subsequentdates including on 09.05.2020, 16.05.2020 and 03.06.2020. It is stated thatat present the general condition of the inmate is stable and satisfactory.

7.It is clear that the petitioner is suffering from bronchial asthma. Itwould be appropriate in my opinion that in the facts and circumstances ofthis case, he may be given interim bail to permit him to take appropriateprecautionary measures/medical treatment.

8.Accordingly, the petitioner is released on interim bail for 30 daysfrom the date of his release on his furnishing personal bond for sum ofRs.15,000/- with one surety of the like amount to the satisfaction of theconcernedJailSuperintendent/Duty Magistrate,subjecttofollowingconditions:

(i)Petitioner will provide his current mobile phone number to theIO/SHO, P.S. Civil Lines and will ensure that the phone numberIO/SHO, P.S. Civil Lines and will ensure that the phone number

remains active.

(ii)Petitioner will report every Monday at 11:00 a.m. to the IO, P.S.Civil Lines on mobile phone.Civil Lines on mobile phone.

(iii)Petitioner will not in any manner seek to tamper with theevidence or threaten or contact in any manner the prosecutionwitnesses.evidence or threaten or contact in any manner the prosecutionwitnesses.

(iv)Petitioner will not leave the jurisdiction of the National CapitalTerritory of Delhi without prior permission of the concernedcourt.Territory of Delhi without prior permission of the concernedcourt.

(v)Petitioner will duly surrender at the end of the suspensionperiod.period.

9.A copy of this order be sent by the Registry by e-mail to theconcerned Jail Superintendent for information and necessary compliance.10.With the above directions, the petition is disposed of.concerned Jail Superintendent for information and necessary compliance.10.With the above directions, the petition is disposed of.

AUGUST 06, 2020/v

JAYANT NATH, J.