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2025 DAILYLAW 11460 (DEL)

ASIF ALI v. STATE NCT OF DELHI

BAIL APPLN./874/2025 · 2025-03-05

Jasmeet Singh

body2025

Judgment text

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$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 874/2025 ASIF ALI .....Petitioner Through: Mr. Mohd. Suza Faisal, Mr. Huzaita, Ms. Kahkasha Ansari, Advs. versus STATE NCT OF DELHI .....Respondent Through: Mr. Aashneet Singh, APP CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 05.03.2025 1. This is a petition filed under section 439 of Code of Criminal Procedure, 1973 seeking grant of interim bail to the petitioner for a period of 30 daysinFIR No. 305/2023, dated 31.12.2023, registered at PS Special Cell under sections 186/353/323/489B/489C/489D/120Bof IPC, 1860 on the ground that the petitioner needs to undergo surgery for his broken shoulder. 2. On 30.09.2024, the petitioner had slipped in the washroom of the jail and had received a fracture on the left shoulder and severe injuries on the collar bone. On the last date of hearing i.e. 28.02.2025, a status report was called. 3. As per the status report handed over in court today, the petitioner has been getting regular treatment in the jail, despite the fact that the petitioner requires surgery for his injuries.Further, the status report indicates that the 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 10/03/2025 at 12:19:44 petitioner will now be reviewed on 07.03.2025 and a date would be given for the surgery. 4. In the present case, despite a categorical finding by the doctors that the petitioner requires surgery, no such procedure has been performed for a period of six months i.e. from 30.09.2024 till today. 5. For the said reasons, the petition is allowed and the petitioner is directed to be released on interim bail for a period of 2 weeks to get his surgery done subject to the following terms and conditions:- I. The petitioner shall furnish a personal bond in the sum of Rs 10,000 (Rupees ten thousand only) each with 1 surety in the like amount, to the satisfaction of the concerned Jail Superintendent; II. The petitioner shall provide the date of surgery to the Investigating Officer and shall get the surgery done as soon as possible; III. The petitioner shall not leave the country without the permission of the competent court and if the petitioner has a passport, he shall surrender the same before the Jail Superintendent; IV. The petitioner shall furnish to the IO concerned the 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; V. The petitioner will furnish his permanent address to the concerned IO and in case he changes his address, he will inform the IO concerned; 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 10/03/2025 at 12:19:44 VI. The petitioner shall not indulge in any act or omission that is unlawful, illegal or that would prejudice the proceedings in pending cases, if any; VII. The petitioner shall not communicate with, or come into contact with the complainant orany of the prosecution witnesses, or tamper with the evidence of the case. VIII. The petitioner shall surrender after the expiry of 2 weeks. 6. Nothing stated hereinabove shall tantamount to an expression of opinion on the merits of the case. 7. The petition stands disposed of in the aforesaid terms. JASMEET SINGH, J MARCH 5, 2025/sp Click here to check corrigendum, if any 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 10/03/2025 at 12:19:44