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[COVID-19] Delhi High Court grants interim bail to person accused of offences under NDPS Act

Aditi Singh

The Delhi High Court has granted interim bail to a person accused of offences under the Narcotics Drugs and Psychotropic Substances Act, 1985. (Arvind Yadav vs State)

The order was passed by a single Judge Bench of Justice Prathiba M Singh.

The Applicant was arrested on March 14, 2019 and had been been in custody since then. In his application seeking interim bail, the Applicant sought interim bail for a period of 45 days on the ground that due to the coronavirus lockdown, his family was unable to operate the bank accounts which are standing in the name of the Applicant or move out of the house.

It was pleaded that the Applicant’s wife was suffering from acute depression and despite being of a young age, she was also suffering from acute osteoporosis.

To support the claim, medical records from psychiatric centres were placed on record.

It was added that the Applicant's son was studying in the 12th standard in a school in the city and his exams were not yet concluded.

The State did not dispute the medical records before Court and added that the Applicant himself had also visited the OPD in the Jail for some minor ailments.

Interim bail to the Applicant was opposed on the ground that the offences for which he was in jail were under the NDPS Act.

After hearing the parties, the Court observed that the lockdown had created an exceptional situation for various individuals, including the Applicant ’s family.

It noted that while the medical condition of the Applicant's wife was not disputed, the applicant's family was facing difficulty in operating the bank account and some steps would need to be taken towards the further studies of his son etc.

The Court also considered that on two earlier occasions as well, the Applicant had been given interim bail and the Applicant had duly surrendered upon expiry of the term.

The Court ultimately opined that the Applicant was not a flight risk and granted interim bail to the Applicant upto May 10, 2020.

Interim bail subject to furnishing a bond of Rs 1 lakh along with surety for the like amount.

The Applicant stands restrained from leaving the country or influencing any witness or hampering the investigation in any manner.

The Applicant was represented by Advocates Devashish Chauhan, Trideep Pais, Shashwat Dhyani.

State was represented by APP Meenakshi Chauhan.

Read the Order:

Arvind Yadav vs NCT of Delhi.pdf
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