Bail application dismissed. High Court held that despite the petitioner's plea for interim bail for infertility treatment, the heinous nature of the murder offence precludes such relief. Petitioner may be produced in custody for medical examination.
Application for grant of interim bail dismissed. Pending applications disposed of.
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STATE NCT OF DELHI .....Respondent Through: Mr. Manoj Pant, APP with Inspector Naresh Kumar, PS: K. N. Katju Marg.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA O R D E R
1. An application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioner for grant of interim bail for a period of three months in FIR No. 0167/2019 under Sections 302/323/34 IPC registered at P.S. K. N. Katju Marg. Chargesheet has been filed under Sections 302/323/325/34 IPC.
2. In brief, as per the case of prosecution, accused Babloo (petitioner herein) was tenant of Dinesh Yadav (complainant) and on demanding pending dues on 01.05.2019, Babloo assaulted the sons of complainant. Further, on the same day, Babloo along with his brothers namely Pankaj and ‘A’ (CCL) attacked the sons of complainant namely Gandhi Yadav, Rajan Yav and Raj Kumar @ Raja with knife, causing death of Raj Kumar @ Raja and stab injuries to other family members including Dinesh.
3. Learned counsel for the petitioner submits that interim bail has been sought by petitioner for purpose of infertility treatment to be undertaken by his wife and for aforesaid purpose petitioner is required to be examined by an
BAIL APPLN. 1455/2024
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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 12/09/2024 at 12:12:22
Andrologist as a part of treatment.
4. On the other hand, learned APP for the State vehemently opposes the application and points out that petitioner can be duly produced in custody, if required for any examination.
5. Petitioner can be duly produced in custody, if required for purpose of aforesaid infertility treatment being undertaken by his wife. Considering the facts and circumstances of the case and heinous nature of offence, no grounds for interim bail are made out.
Application is accordingly dismissed. Pending applications, if any, also stand disposed of.
ANOOP KUMAR MENDIRATTA, J.
SEPTEMBER 10, 2024/ R
BAIL APPLN. 1455/2024
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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 12/09/2024 at 12:12:22
2 issues framed by the court
Whether the petitioner is entitled to interim bail considering the heinous nature of the offence and the State's condition to produce him for examination.
Whether the grounds of infertility treatment warrant the grant of interim bail in a murder case.
1 provisions across 1 enactments
Babloo In Jc
State Nct Of Delhi
Anoop Kumar Mendiratta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
