Allowed

Usman v. the State of NCT of Delhi

Delhi HC3 Sept 2024BAIL APPLN./2953/2024

Case brief

AI extract

What is this about?

In a bail application under the NDPS Act, the Delhi High Court granted interim bail to the petitioner for 30 days due to his medical necessity for kidney stone surgery complicated by Hepatitis B infection, subject to standard bail conditions.

What did the court decide?

Interim bail granted for 30 days from date of release, furnishable on a personal bond of Rs. 25,000 with one surety.

Usman Vs the State of NCT of Delhi — Narcotics (NDPS) | Delhi HC (2024)

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$~1

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 2953/2024 USMAN .....Petitioner

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Through: Mr. Sandeep Chauhan, Mr. P. Pratap Singh and Mr. Durgesh Chaudhary, Advocates

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versus

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THE STATE OF NCT OF DELHI .....Respondent

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Through: Mr. Amit Ahlawat, APP for State with Ms. Shehnaz Khan, Adv. ASI Sachin Singh, PS Crime Branch.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 03.09.2024

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This petition seeks interim bail in FIR No.261/2023 under Sections 20/29 NDPS Act PS Crime Branch.

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Medical documents of petitioner have been appended along with the petition as per which petitioner was diagnosed with right renal calculus (kidney stone) and was advised surgery. However, could not proceeded ahead since petitioner was found positive for Hepatitis B.

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As per medical report from the Jail, petitioner is being reviewed in Uro-Surgery Department, Doctor BSA Hospital and treatment is being advised and provided; PAC will be done again after Gastroenterology clearance.

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Counsel for petitioner submits that petitioner is Hepatitis B positive and hence his surgery could not be conducted and is presently in a lot of

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This is a digitally signed order.

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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 05/09/2024 at 12:15:35

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discomfort.

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Petitioner was arrested on the basis of disclosure of one Parvez @ Bhoora and there was no recovery from him and was arrested on the basis of CDRs and disclosure statements, details of which form part of the status report.

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Considering the medical condition of petitioner, this Court is inclined to grant interim bail to the petitioner for a period of 30 days from the date of release on furnishing a personal bond in the sum of Rs. 25,000/- with one surety of the like amount subject to the satisfaction of the Trial Court, further subject to the following conditions:

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i. Petitioner will not leave the country without prior permission of the Court.

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ii. Petitioner shall provide permanent address to the Trial Court. The petitioner shall intimate the Court by way of an affidavit and to the IO regarding any change in residential address.

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iii. Petitioner shall appear before the Court as and when the matter is taken up for hearing.

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iv. Petitioner shall join investigation as and when called by the IO concerned.

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v. Petitioner shall provide all mobile numbers to the IO concerned which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the IO concerned.

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vi. Petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses, the victim/complainant or any member of the victim/complainant’s family or tamper with the evidence of

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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 05/09/2024 at 12:15:35

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the case.

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Copy of the order be sent to the Jail Superintendent for information and necessary compliance.

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Petition stands disposed of accordingly.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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SEPTEMBER 3, 2024/sm

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This is a digitally signed order.

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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 05/09/2024 at 12:15:35

Usman v. the State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Usman v. the State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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