Dharmendra Choudhary vs Union Of India

Rameshwar Vyas, J

The present interim bail application under Section 439 of Cr.P.C. has been filed by the petitioner, who is in custody in connection with F.I.R. No. VIII(IO)01/NCB/ASZ/2017, Police Station N.C.B. Regional Unit, Ajmer for the offences punishable under Sections 8/18, 25 & 29 of the N.D.P.S. Act on the ground that his wife is suffering from ovarian cyst, for which she has been advised to undergo myomectomy.

Heard learned counsel for the petitioner and learned Special Public Prosecutor. Perused the material on record.

Learned counsel for the petitioner submits that petitioner’s wife Smt. Samesta is suffering from ovarian cyst and is undergoing treatment at Government District Hospital, Sri Ganganagar. The treating Government doctor has advised her to undergo myomectomy. He further submits that petitioner is having two minor children and there is no adult member in his family to look after his wife. The copies of medical prescriptions have been filed along with bail application. Learned counsel for the petitioner, therefore, prays that the petitioner may be released on interim bail for a period of one month.

Learned Public Prosecutor has opposed interim bail application.

As per medical prescription produced on record, it reveals that concerned doctor of Government District Hospital, Sri Ganganagar has advised myomectomy to the petitioner’s wife as soon as possible.

Having regard to the totality of the facts and circumstances of the case as also ground mentioned by the petitioner and verified by the State, this Court deems it just and proper to grant interim bail to the petitioner under Section 439 of Cr.P.C. for a period of five days.

Accordingly, present interim bail application filed under Section 439 of Cr.P.C. is allowed and it is directed that the petitioner - Dharmendra Choudhary S/o Harphool Singh shall be released on interim bail for a period of five days from the date of his actual release from prison in connection with F.I.R. No. VIII(IO)01/NCB/ASZ/2017, Police Station N.C.B. Regional Unit, Ajmer provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees: One Lac Only) along with two sureties of Rs.50,000/- (Rupees: Fifty Thousand) each to the satisfaction of the concerned Jail Superintendent. The concerned Jail Superintendent shall be at liberty to impose any other usual terms and conditions for surrender of the petitioner after expiry of period of interim bail. He shall also give date for surrender of the petitioner after expiry of a period of five days from the date of his actual release from prison.

Learned Public Prosecutor shall apprise this Court regarding petitioner's surrender before the jail authorities after expiry of interim bail, on the next date of hearing.

List the matter after two weeks for compliance.