BAIL APPLN./4842/2024 of MOHD. JUBER Vs STATE OF NCT OF DELHI on 27 December 2024

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 NagarikSuraksha Sanhita, 2023 (hereinafter the ‘BNSS’) has been filed forextension of Interim Bail for a period of one month in FIRNo.863/2021, at P.S. Seemapuri, under Sections 302/120B/201/34 ofthe Indian Penal Code, 1860 (hereinafter ‘IPC’).

2. It is submitted on behalf of the Applicant that the Interim Bailbe extended on account of the mental ailment of wife for aconsiderable period who is currently undergoing treatment at IHBASHospital, Delhi and had even been admitted there on account of anuncontrollable behaviour. Further, that the son, Mohd. Maaz Alvi, hadsuffered a dog bite and is getting vaccinated for the same which would continue till 13.01.2025. Lastly, that the admission forms have beenapplied for the daughter, Sadaf Alvi, in two nursery schools and thelist is likely to be out by 10.01.2025. So, it is prayed that the InterimBail which has been granted till 10.01.2025 be extended by anothermonth.

3. Learned counsel for the Petitioner further submits that there isno one to take the son, aged about seven years, to take him to theHospital for regular vaccinations. The wife, who is suffering severalbehavioural issues, gets violent occasionally and at times even causesinjury to the children. Also, proper arrangements have to be made forthe admission of the daughter. Thus, the extension of bail is sought.

4. Learned Prosecutor has submitted that the charges against thePetitioner are serious and that 7 witnesses out of 42 have beenexamined and there is a likelihood of his influencing other witnesses.It is further submitted that there are father and brother of the Petitionerwho can very well take the child for his vaccination. The Applicationfor 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 beencontinuing since 2021 and she has been under regular treatment.Presently she is on medication. The examination forms of thedaughter have already been submitted and the tentative list is expectedto come around 10.01.2025, which does not require any activeinvolvement of the Applicant. The vaccination of the son is also notsuch an incident that requires extension of Interim Bail especiallywhen there are other family members available to take the child for vaccination.

7. In view of the above discussion, no ground is made out forextension of Interim Bail and the Application is hereby dismissed.

DECEMBER 27, 2024rk

NEENA BANSAL KRISHNA(VACATION JUDGE)