Interim bail can be granted on humanitarian grounds, particularly when medical needs of a family member are involved, despite the seriousness of the alleged offences.

CRL.M.A. 19101/2024 Exemption allowed, subject to just exceptions.

Let requisite compliances be made within 01 week.

The application stands disposed-of.

BAIL APPLN. 2247/2024 By way of the present petition filed under section 439 of the Code of Criminal Procedure 1973, the petitioner seeks interim bail in case FIR No.111/2023 dated 23.04.2023 registered under sections 18/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at P.S.: Special Cell, on the ground that his wife needs to undergo hysterectomy.

2.Notice on this petition was issued on 04.07.2024. 3.Status report dated 05.07.2024 has been filed. 4.Mr. Chitwan Sharma, learned counsel appearing for the petitioner has placed reliance on prescriptions dated 06.05.2024, 05.06.2024 and 17.06.2024, to support the plea that the petitioner’s wife has been advised complete hysterectomy by doctors at the Vedansh Maternity & Trauma Centre, Bareilly, Uttar Pradesh.

5.In the status report filed, upon verification from the concerned doctor, the Investigating Officer confirms the following :

5.1.That the petitioner’s wife suffers from uterine fibroids and bulky uterus; that she has been treated by medicines for the last 02 years but has not shown improvement; and that therefore, she requires surgery.

5.2.That the petitioner’s wife has not been able to fix a date for her surgery since she did not have money for that purpose.

5.3.That after the surgery, the petitioner’s wife would take 03 to 04 weeks for complete recovery, and would require one or more attendants/caretakers during and after surgery.

6.The status report further records that the petitioner’s wife is residing with her mother-in-law and three minor children; that the petitioner’s three sisters are married and stay away in their respective matrimonial homes; and that the petitioner’s brother-in-law, namely his wife’s brother, is also residing separately.

7.Ms. Shubhi Gupta, learned APP appearing for the State opposes the ground of interim bail, contending that the offences alleged under the NDPS Act are serious; and that therefore the petitioner may not be granted the relief prayed-for.

8.Nominal roll dated 06.07.2024 has been handed-up in court. Let it be taken on record.

9.The nominal roll shows that the petitioner was granted interim bail for a period of 04 weeks from 22.03.2024 and 20.04.2024; and there is no allegation that he violated the terms of the interim bail granted. The overall jail conduct of the petitioner is also stated to be ‘satisfactory’ and the nominal roll does not show any other criminal involvement.

10. Upon an overall consideration of the facts and circumstances of the case, and in view of the medical ground cited by the petitioner, which has been duly verified by the Investigating Officer, and considering the humanitarian aspect arising from the illness of the petitioner’s wife, the petition is allowed. The petitioner/Dal Chand@Dalu, son of late Har Parsad, is granted interim bail for a period of 03 weeks on the following conditions :

10.1. The petitioner shall furnish a personal bond in the sum of Rs.25,000/- (Rs. Twenty-five Thousand Only) with 02 sureties in the like amount, one from his wife, and the second, a local surety from Delhi, to the satisfaction of the Jail Superintendent;

10.2. The petitioner shall present himself before the S.H.O. P.S.: Lal Kuan, Nainital every Thursday between 11 am and 11:30 am to mark his presence. However, he will not be kept waiting longer than an hour for this purpose;

10.3. The petitioner shall furnish to the Investigating Officer P.S.: Special Cell, New Delhi a cell-phone number on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched-on at all times;

10.4. If the petitioner has a passport, he shall surrender the same to the Jail Superintendent and shall not travel out of the country without prior permission of this court;

10.5. The petitioner shall not contact, nor visit, nor offer any inducement, threat or