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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 4842/2024
MOHD. JUBER .....Petitioner
Through: Mr. Prakash Priyadarshi, Advocate.
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Aman Usman, APP for State with
SI Anil, P.S.Seemapuri.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 27.12.2024
CRL.M.A. 39335/2024 (Exemption)
1. Allowed, subject to all just exceptions.
2. The Application is disposed of.
BAIL APPLN. 4842/2024
1. The Application under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (hereinafter the ‘BNSS’) has been filed for
extension of Interim Bail for a period of one month in FIR
No.863/2021, at P.S. Seemapuri, under Sections 302/120B/201/34 of
the Indian Penal Code, 1860 (hereinafter ‘IPC’).
2. It is submitted on behalf of the Applicant that the Interim Bail
be extended on account of the mental ailment of wife for a
considerable period who is currently undergoing treatment at IHBAS
Hospital, Delhi and had even been admitted there on account of an
uncontrollable behaviour. Further, that the son, Mohd. Maaz Alvi, had
suffered a dog bite and is getting vaccinated for the same which would
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continue till 13.01.2025. Lastly, that the admission forms have been
applied for the daughter, Sadaf Alvi, in two nursery schools and the
list is likely to be out by 10.01.2025. So, it is prayed that the Interim
Bail which has been granted till 10.01.2025 be extended by another
month.
3. Learned counsel for the Petitioner further submits that there is
no one to take the son, aged about seven years, to take him to the
Hospital for regular vaccinations. The wife, who is suffering several
behavioural issues, gets violent occasionally and at times even causes
injury to the children. Also, proper arrangements have to be made for
the admission of the daughter. Thus, the extension of bail is sought.
4. Learned Prosecutor has submitted that the charges against the
Petitioner are serious and that 7 witnesses out of 42 have been
examined and there is a likelihood of his influencing other witnesses.
It is further submitted that there are father and brother of the Petitioner
who can very well take the child for his vaccination. The Application
for extension of the Interim Bail is accordingly, opposed.
5. Submissions Heard and record perused.
6. It emerges from the record that the ailment of the wife has been
continuing since 2021 and she has been under regular treatment.
Presently she is on medication. The examination forms of the
daughter have already been submitted and the tentative list is expected
to come around 10.01.2025, which does not require any active
involvement of the Applicant. The vaccination of the son is also not
such an incident that requires extension of Interim Bail especially
when there are other family members available to take the child for
This is a digitally signed order.
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vaccination.
7. In view of the above discussion, no ground is made out for
extension of Interim Bail and the Application is hereby dismissed.
NEENA BANSAL KRISHNA
(VACATION JUDGE)
DECEMBER 27, 2024
rk
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 30/12/2024 at 12:35:38