BAIL APPLICATION 158 of 2020

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 276/2025

DEEPAK @ JUDI

.....Petitioner

Through:

Mr. M.L. Yadav, Mr. Harish Chand, Mr. Anant Chittoria, Mr. P.C. Arya, Ms. Parveen, Mr. Prashant, Advs.

versus

STATE (N.C.T.OF DELHI)

.....Respondent

Through:

Mr. Raghuinder Verma, APP with Inspector Sanjay Kumar PS Budh Vihar.

CORAM:HON'BLE MS. JUSTICE SHALINDER KAUR

O R R02.05.2025

1.The present bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the petitioner seeking grant of regular bail in FIR No.158/2020 dated 14.06.2020 registered for the offence punishable under Sections 302/34 of the Indian Penal Code, 1860 and Sections 27/54/59 of the Arms Act, 1959 at Police Station Budh Vihar, Rohini, Delhi.

2.The father of the deceased has appeared through Video Conferencing and has requested for legal aid counsel from Delhi High Court Legal Services Authority, to represent him so that he could be also heard on the Bail Application and thus, seeks an adjournment.

3.At this stage, learned counsel for the petitioner submits that in view of the aforesaid the petitioner be at least admitted to interim bail on medical ground of the petitioner till his application seeking grant of regular bail is disposed of.

4.He submits that as per the Medical Status Report filed by the concerned Jail Superintendent, along with the nominal roll, which has been placed on record reveals that the accused has spent total 04 years, 07 months and 26 days in the judicial custody and has got clean antecedents. He was earlier admitted to interim bail by the learned Trial Court vide order dated 08.07.2024, which was extended from time to time, thereafter, he duly surrendered as per the directions of the Court.

5.The learned counsel submits that the petitioner is Stage-IV cancer patient, suffering from blood cancer and undergoing treatment at Jail Hospital and other hospitals, as referred to by the Jail Doctor. He submits, thus, in view of the medical condition of the petitioner, he be admitted to interim bail for at least period of two months.

6.On the other hand, the learned APP submits that at present, the petitioner’s medical condition is stable and he is receiving all prescribed medicines and supplementary medical diet from the jail authorities. He also submits the petitioner has already filed the present regular bail application, which could be listed for hearing upon providing legal aid counsel to the deceased’s father as being requested by him.

7.Having heard the submissions and perused the reports furnished by the Jail Superintendent and the Nominal Roll of the petitioner, it

emerges that the petitioner is 23 year old and is case of Chronic Myeloid Leukemia and has previously received treatment form Safdarjung Hospital and Action Cancer Hospital. The Jail Doctor has reported as under:

“Inmate/patient is follow-up case of chronic myeloid leukemia (CML) on treatment previously from Safdarjung Hospital – Haematoncology and thereafter from Action Cancer Hospital as per Hon’ble Court order.”

8.It is further reported that the petitioner has been referred to Medical Oncology Department of Action Care Hospital on different dates and he has been advised medication and his blood investigations were done. Even though the Jail Superintendent has reported that his general medical condition is stable, still it cannot be disputed that he is suffering from Chronic Myeloid Leukemia and requires medical treatment and investigations.

9.In this conspectus of the above circumstances and keeping in view the medical condition of the petitioner, he is directed to be released on interim bail on furnishing personal bond in the sum of Rs. 10,000/- with one surety in the like amount, for the period of two months from the date of his release, to the satisfaction of learned Trial Court / CMM / Duty Magistrate, subject to the following conditions: -

i.The Petitioner shall not leave NCT of Delhi without

prior permission of the learned Trial Court.

ii.The Petitioner is directed to give all his mobile

numbers and the addresses on which he will be

available to the Investigating Officer.

iii.The Petitioner shall not contact any of the prosecution witnesses or other person acquainted with the facts of case. prosecution witnesses or other person acquainted with the facts of case.

iv.The Petitioner shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change of residential address. by way of an affidavit and to the Investigating Officer regarding any change of residential address.

v.The petitioner shall surrender before the concerned Jail Superintendent after the expiry of his interim bail. Jail Superintendent after the expiry of his interim bail.

10.Needless to state, any observation made hereinabove shall not tantamount to be an expression on the merits of the case before the learned Trial Court and has been made for the consideration of the present interim bail application alone in the prevailing circumstances. 11.Copy of the Order be sent to the concerned Jail Superintendent. 12.List on 30.07.2025.

13.Order dasti under signatures of the Court Master.

SHALINDER KAUR, J

MAY 2, 2025/n/ab/sk

Click here to check corrigendum, if any