KAPIL Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This is an application seeking release of the petitioner on furnishing personal bond only.

(2.) Learned counsel for the petitioner submits that the accused-petitioner has already been in custody for the last over 5 years. It has been submitted that the petitioner was granted bail by the learned Sessions Court vide order dtd. 2/5/2022 on furnishing his personal bond in the sum of Rs.20,000.00 with two sureties of the like amount. The petitioner was not able to fulfill the bail conditions and therefore an application under Sec. 441 Cr.P.C. dtd. 28/5/2022 was moved. On this application, the learned Trial Court was pleased to direct that the petitioner may be released on furnishing of personal bond in the sum of Rs.10,000.00 with two sureties of the like amount. However, the petitioner was still not able to comply and furnish the two sureties of Rs.10,000.00 each. Subsequently the petitioner moved yet another application before the learned Trial Court seeking his release on personal bond only which was partly allowed vide order dtd. 11/7/2022 and the number of sureties were reduced from two to one.

(3.) Aggrieved and unable to provide any surety the petitioner has now moved this Court praying that he may be released on bail on furnishing his personal bond as his parents are old and infirm and as he has no other person to stand as surety for him. Learned counsel for the petitioner submits that the petitioner was a mere daily wager at the time of his arrest and belongs to very poor strata of society. It has been further submitted that the petitioner is the sole bread earner of the family, and the sustenance of his old and ailing parents are dependent on him.