CIVIL APPEAL 246 of 2022

$~71*INTHEHIGHCOURTOFDELHIATNEWDELHI+BAIL APPLN. 687/2025ASAD TOTLA.....Petitioner

Through:Mr. Akshay Bhandari, Adv.

versus

STATE GOVT OF NCT OF DELHI

.....Respondent

Through:Mr. Utkarsh, APP for State with SIHimanshu, PS. Jafrabad.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJANO R R%17.02.2025

CRL.M.A. 4924/2025 (exemption)

1.Allowed, subject to all just exceptions.

2.Application stands disposed of.BAIL APPLN. 687/2025BAIL APPLN. 687/2025

3.The present petition has been filed under Section 439 CrPC read withSection 483 BNSS seeking interim bail on the ground that the petitionerwishes to meet his mother who is suffering from Stage-IV cancer and is in thelast stage of her life.

4.Mr. Akshay Bhandari, the learned counsel for the petitioner submitsthat the petitioner is presently in custody in respect of two cases viz., (i) FIRNo. 246/2022 under Sections 392/397/411/34 IPC and Sections 25/27 ofArms Act registered at Police Station Preet Vihar and, (ii) FIR No. 715/2022under Sections 302/201/120B/34 IPC registered at Police Station Jafrabad.

5.He submits that the petitioner had applied for interim bail in both the

aforesaid case FIRs, however, the petitioner was granted interim bail for aperiod of 15 days from 01.02.2025 to 15.02.2025 in case FIR No. 246/2022by the Additional Sessions Judge-03, Karkardooma Courts, Delhi vide orderdated 03.01.2025, but only custody parole was granted in the present case fora period of 06 hours.

6.He submits that the factum of the petitioner’s mother suffering fromStage-IV cancer was duly verified by the I.O concerned and the Status Reportto that effect was placed on record before the learned ASJ-04, KarkardoomaCourts, Delhi.

7.In view of the above, issue notice. The learned APP for the Stateaccepts notice.

8.Mr. Utkarsh, the learned APP, on instructions from the I.O, who ispresent in Court, fairly states that the factum of petitioner’s mother sufferingfrom the Stage-IV Cancer has been verified.

9.In view of the above, the petitioner is granted interim bail for periodof two weeks subject to his furnishing Personal Bond in the sum of Rs.25,000/- and one Surety Bond of the like amount to the satisfaction of thelearned Trial Court/ACJM/Duty JM, further subject to the followingconditions:

a) Petitioner shall appear before the Court as and when the matter istaken up for hearing.

b) Petitioner shall provide mobile number to the IO concerned whichshall be kept in working condition at all times and he shall not changethe mobile number without prior intimation to the Investigating Officerconcerned.

c) Petitioner shall not indulge in any criminal activity and shall notcommunicate with or come in contact with the witnesses.

10.Upon expiry of period of two weeks as stated above, the petitioner shallsurrender before the Jail Superintendent.

11.Mr. Bhandari, on instructions, state that the extension of the presentinterim bail will not be sought on the same ground. The statement is taken onrecord.

12.The petition stands disposed of.

13.Copy of the order be forwarded to the concerned Jail Superintendentfor necessary compliance and information.

14.Order dasti under signatures of the Court Master.

15.Order be uploaded on the website of this Court.

FEBRUARY 17, 2025/dss

VIKAS MAHAJAN, J