New Delhi, Feb 10 (IANS) The Delhi High Court has granted 45 days of interim bail to an accused in a murder case to enable him to take care of his ailing wife and three minor children.
In its order, a single-judge Bench of Justice Girish Kathpalia observed that the interim bail was sought for a limited period of 45 days on the ground that the applicant’s wife was required to undergo marsupialisation — a surgical procedure for treating vaginal cysts.
Allowing the application, Justice Kathpalia took note of the submission that the accused’s wife has custody of their three minor children and that there would be nobody to look after them during her surgery.
The Delhi High Court further noted that despite repeated opportunities, the prosecution failed to file a status report opposing the interim bail plea, giving rise to an inference that it had “no serious objection” to the relief sought by the accused.
Rejecting the contention that there was no medical emergency and that other relatives could take care of the children, Justice Kathpalia observed that no written status report had been placed on record to substantiate these claims.
“Despite repeated directions, the State has not filed status report… to state in writing that there are other relatives available to take care of the wife and/or children of the accused/applicant during surgery,” the judgment said.
Accepting the explanation that the surgery was earlier postponed due to lack of anyone to look after the children, the Delhi High Court held that the circumstances warranted the grant of interim relief. “Considering the above circumstances, the application is allowed, and the accused/applicant is directed to be released on interim bail for a period of 45 days to take care of his children and ailing wife,” the order said.
Justice Kathpalia directed that the accused – Furkan alias Faizan – be released on furnishing a personal bond of Rs 10,000 with one surety of the like amount to the satisfaction of the trial court.
The accused is facing trial in FIR No. 84/2021 registered at Timarpur police station under Sections 302, 398, 201 and 34 of the IPC, besides Sections 25 and 27 of the Arms Act.
–IANS
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