Raj Kumar Alias Raju vs.state - Court Judgment

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + Crl.M.(Bail) No.1072/2017 in CRL.A. 721/2016 RAJ KUMAR @ RAJU .....Appellant Through: Mr. L. Ojha, Advocate. versus STATE Through: Mr. Ashok Kumar Garg, APP for the State. ....Respondent CORAM: HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL % ORDER

0507.2017 1. By this present application filed under Section 389(1) of Cr. P.C., the applicant, inter-alia seeking grant of interim bail in FIR No.314/2006 under Sections 307/186/3
of the Indian Penal Code registered at Police Station Hazrat Nizamuddin, Delhi. The applicant is stated to be in custody for more than 2 years and 4 months.

2. Mr. L. Ojha, learned counsel for the applicant contended that the conviction of the appellant has caused great psychological breakdown of his wife. Dr. Naresh Kumar, MD of Yashraj Hospital at Sikandrabad, U.P, has advised mental support and care for her. He further contended that the applicant's two small daughters, one in nursery and one in the 1st standard, need care and affection at this stage, which the wife of the applicant is unable to render due to her poor health conditions. Therefore, interim bail must be granted to the applicant in light of the aforesaid circumstances.

3. On the converse, Mr. Ashok Kumar Garg, Addl. Public Prosecutor Crl.M.(Bail) No.1072/2017 in CRL.A. 721/2016 Page 1 of 4 appearing for the State relied upon the Status Report filed by the Crime Branch in the case and contended that the applicant has also preferred a regular bail application on the same grounds, which is already pending adjudication before this Court and thus, this application must be rejected at this stage.

4. The submissions of learned counsel appearing on behalf of the applicant as well as the submissions of learned Additional Public Prosecutor have been heard and the Status Report placed on record has also been perused.

5. The Status Report filed by the respondent states as under:-

""That, the petitioner has filed this fresh Crl. M (Bail) application in Crl. Appeal No.7
for seeking temporary suspension of sentence and grant of interim bail U/s 389 (1) of Cr.P.C. Vide this application, the applicant claimed the ground for relief as psychological break down of his wife, for which a regular bail has already been sought. The petitioner also annexed certain documents/medical papers issued by Dr. Naresh Kumar, MD, Yashraj Hospital, Sikandrabad, UP. For the same, enquiry has been made from the doctor concerned. It has been reported by the doctor concerned of Yashraj Hospital, Sikandrabad, UP that Mrs. Renu W/o Raj Kumar is suffering from Psychosis/mental disorder/depression since last one year and needs support. The doctor further mentioned that the patient was asked to take opinion in IBHAAS and other Psychiatrist. Copy of the certificate dated 30.06.2017 issued by the doctor concerned is enclosed as Annexure"A". However, no such openion has been ever obtained from IBHAS or any Psychiatrist. Except of dated 14.04.2017 & 18.05.2017, no other medical prescription papers or clinical reports were ever provided by the petitioner's family to prove that Ms. Renu is under treatment for Crl.M.(Bail) No.1072/2017 in CRL.A. 721/2016 Page 2 of 4 last one year. This clearly indicates some other storey. During enquiry, it was also revealed that Renu is Pradhan (Sarpanch) of village Mahiya Jagir, Sikandrabad U.P. As to how, it is possible to perform the responsibilities of a Pradhan (Sarpanch), if she is suffering from such acute disorder. Further, the petitioner is having 3 brothers, who with family are also residing at the same village. They can look after the wife of the petitioner during her treatment. That it is also pertinent to mention here that the petitioner is a hardcore criminal and is involved in 3 other criminal cases which

1) case FIR No.1
u/s
IPC PS Sikandra Bad, UP,

2) case FIR No.2
u/s 302 IPC PS Sikandra Bad, UP &

3) case FIR No.4
u/s
Gangster Act. PS Sikandra Bad, UP. Copy of the involvements chart is annexed as Annexure "B". In view the antecedents of the petitioner, there is a grave apprehension that he may jump the conditions, if granted any relief."

6. The Status Report has revealed that the wife of the applicant i.e. Mrs. Renu is also the Sarpanch of the village Mahiya Jagir, Sikandrabad, U.P. During the course of arguments, it was not denied by the learned counsel for the applicant that the wife of applicant is the Sarpanch of the village. It was rather clarified by him that the wife of the applicant is the Pradhan of the village. Therefore, it is difficult to fathom that Mrs. Renu being so unwell mentally on one hand, is carrying out her responsibilities as the Pradhan of the village. Furthermore, she was directed to take an opinion from Institute of Human Behaviour & Allied Sciences (IBHAAS) and admittedly, no such opinion has ever been obtained.

7. Attention of this Court has also been drawn towards the fact that the applicant has three brothers, who are residing in the same village with their families and in case of need, there are enough members of the Crl.M.(Bail) No.1072/2017 in CRL.A. 721/2016 Page 3 of 4 family to help and support the wife and daughters of the applicant.

8. Moreover, in Para 7 of the present application, it has been stated by the applicant as under:-

""7. That the next date of hearing is 21.08.2017 and the medical advice by the doctor treating the wife of the applicant is for mental support and care...."

9. Admittedly, the only advice given by the doctor as per their own application is for mental support and care of the wife of the applicant. Therefore, this alone cannot be a ground for grant of interim bail in the present case.

10. Therefore, this Court is not inclined to grant interim bail to the applicant in light of the facts and circumstances of this case. Resultantly, in the considered opinion of this Court, the present interim bail application filed by the applicant is dismissed. (SANGITA DHINGRA SEHGAL) JUDGE JULY05 2017 gr// Crl.M.(Bail) No.1072/2017 in CRL.A. 721/2016 Page 4 of 4