P&H HC Grants Interim Bail To NDPS Accused For Taking Care Of Pregnant Wife Whose Delivery Date Was Approaching

The Bench of Justice Arvind Singh Sangwan was hearing the plea of the Petitioner who had prayed for the grant of interim bail for a period of 30 days as his wife was expecting a child and the delivery date was approaching near. The Petitioner was accused of the offences under Sections 9, 25, 25(A), 27(A), 28 & 29 of the NDPS Act.

The Court granted interim bail to one Rajan Sondhi on the ground that he will deposit a security amount of Rs. 10 lacs as a pre-condition.

It was submitted by the Petitioner before the Court that his mother is suffering from multiple health ailments and is unable to take care of his pregnant wife. Further, it was also submitted that the Petitioner is having a three-year-old minor daughter therefore his pregnant wife is unable to take care of the daughter.

The Court after noting that the Petitioner was arrested on September 6, 2022, and the investigation is underway, a formal complaint is yet to be registered and the Petitioner has volunteered to deposit a sum of Rs.10.00 lacs, as security, with the trial Court/Chief Judicial Magistrate, Yamuna Nagar, for granting him interim bail for the delivery of his wife and also to take care of his three years old minor daughter, as his mother is critically ill, held that the Petitioner can be granted the concession of interim bail.

Accordingly, the Court allowed the Petition and directed for his release subject to the conditions –

"He will deposit the security amount of Rs.10.00 lacs along with bail/surety bonds. Deposit of security amount of Rs.10.00 lacs shall be a pre-condition before furnishing bail/surety bonds.

He will surrender back before the Superintendent, District Prison, Yamuna Nagar before 05.00 pm on or before 02.01.2023.

In case the petitioner failed to surrender back on or before 02.01.2023 before 05.00 pm, security amount of Rs.10.00 lacs shall stand forfeited to the State.

On every day, he will mark his presence before the SHO or Incharge, Police Station City Jagadhri before 05.00 pm.

The petitioner, during the period of interim bail, will not leave the jurisdiction of District Yamuna Nagar in any manner and in case he is found violating this condition, his bail/surety bonds will automatically stand cancelled and the security amount will be forfeited.

During this period, in case the complainant/prosecution arrest any other accused and for the purpose of investigation, the petitioner is required, on a notice to be given to him, he will immediately appear before the Investigating Officer."

Subject to such conditions, the Court disposed of the Petition.

Cause Title – Rajan Sondhi v. Union of India and another