RAJ KUMAR Vs. STATE

JUDGEMENT

(1.) By this present application filed under Section 389(1) of Cr. P.C., the applicant, inter-alia seeking grant of interim bail in FIR No. 314/2006 under Sections 307/186/353/34 of the Indian Penal Code registered at Police Station Hazrat Nizamuddin, Delhi. The applicant is stated to be in custody for more than 2 years and 4 months.

(2.) Mr. L. Ojha, learned counsel for the applicant contended that the conviction of the appellant has caused great psychological breakdown of his wife. Dr. Naresh Kumar, MD of Yashraj Hospital at Sikandrabad, U.P, has advised mental support and care for her. He further contended that the applicant's two small daughters, one in nursery and one in the 1st standard, need care and affection at this stage, which the wife of the applicant is unable to render due to her poor health conditions. Therefore, interim bail must be granted to the applicant in light of the aforesaid circumstances.

(3.) On the converse, Mr. Ashok Kumar Garg, Addl. Public Prosecutor appearing for the State relied upon the Status Report filed by the Crime Branch in the case and contended that the applicant has also preferred a regular bail application on the same grounds, which is already pending adjudication before this Court and thus, this application must be rejected at this stage.