Judgment:
$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:
11. 02.2019 + BAIL APPLN. 214/2019 IKECHUKWU CHUKWUBUIKEM STANLEY........ Petitioner
versus NARCOTIC CONTROL BUREAU ..... Respondent Advocates who appeared in this case: For the... Petitioner
: For the Respondent: Mr. P.C.Aggarwal, Adv. Mr. Vikas Gautam, Adv. CORAM:-
"HON’BLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.
(ORAL) 1.... Petitioner
seeks interim bail for a period of four weeks in Sessions Case No.225 of 2017 on the ground of illness of his wife.
2. The case of the prosecution is that an information was received that one parcel booked with DHL Express Limited from Delhi to Spain was containing drugs. Parcel was seized and examined and 575 grams of heroin was recovered. The parcel was booked by the co accused using his own identity.
3. It is alleged that the co accused disclosed the identity of the petitioner as the one who had booked the parcel and petitioner is BAIL APPLN.214/2019 Page 1 of 3 alleged to have named another co accused as the one who had given the articles to him.
4. The petitioner contends that the wife of the petitioner is suffering from distal urethral stricture. The doctors of Ram Manohar Hospital have advised that she needs surgery at the earliest and as per the doctors the admission time is one week and recovery time is approximately three weeks.
5. Learned counsel for the petitioner submits that the petitioner is married to an Indian national for several years and has two minor children aged 9 years and 17 years. Learned counsel submits that since petitioner has permanent family ties in the country, there is no possibility of petitioner misusing interim bail.
6. Fresh status report has been filed with regard to the family members of the wife of the petitioner. Though the status report indicates that there are family members, however, learned counsel appearing for the respondent submits that as per his instructions they are not residing with her.
7. Keeping in view the totality of the facts and circumstances and the status report, I am of the view that petitioner is entitled to interim bail for a period of four weeks.
8. Accordingly, on petitioner furnishing a bail bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of BAIL APPLN.214/2019 Page 2 of 3 the Trial Court, petitioner shall be released on interim bail for a period of four weeks from the date of his release.... Petitioner
shall not do anything which may prejudice either the trial or the prosecution witnesses.... Petitioner
shall also intimate to the IO the date and the hospital of admission of the wife of the petitioner. The petitioner shall mark his presence in the office of the NCB on every Monday at 3 PM. The officers of NCB shall not detain the petitioner more than necessary.... Petitioner
shall surrender to the concerned Superintendent, Jail on expiry of the period of four weeks of the date of his release.
9. Petition is disposed of in the above terms.
10. Order Dasti under signatures of the Court Master. FEBRUARY11 2019 rk SANJEEV SACHDEVA, J BAIL APPLN.214/2019 Page 3 of 3