ASHIQUE ILAHI Vs. STATE( NCT OF DELHI)

JUDGEMENT

(1.) The present is an application under Section 439 CrPC, 1973 praying for grant of interim bail in FIR No.54/2014 under Sections 29/61 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "NDPS Act") at Police Station- Special Cell, Rohini, pending in the court of the Special Judge, NDPS, Patiala House Courts, New Delhi.

(2.) Counsel appearing on behalf of the applicant states that the latters wife namely, Ruhida suffers from acute Spondylolisthesis for which she was operated upon in the year 2007. At the time of the surgery, implants were inserted into her spine in the L5 region. Counsel for the applicant further states that Ruhida is currently suffering very acute pain and has been recommended surgery for removal of implants from the spine by the Regional Institute of Medical Sciences Hospital, Lamphel, Imphal. Counsel for the applicant also invites my attention to the circumstance that there is no other adult male member in the family and that the applicant has three minor children. It is, therefore, urged that since Ruhida will not be able to take care of the minor children and get operated in hospital at the same time and as Ruhida is a Muslim lady and, therefore, not in a position to permit the brothers of the applicant to attend to her, the applicant be released on interim bail. In any event, it has been urged that the brothers of the applicant are not inclined to look after Ruhida or her children at the time of the surgery.

(3.) The status report filed on behalf of the respondent does not belie the facts and circumstances as afore-stated. However, it is urged by Mr Katyal, learned APP appearing on behalf of the State that Manipur where the family of the applicant resides is a disturbed area and, consequently, it would be difficult to locate the applicant in the event he absconds while on interim bail. It is also pointed out by Mr Katyal that the rest of the family of the applicant resides in the vicinity.