Rupesh Kumar Singh v. The State (Govt. of NCT of Delhi)

1. Allowed,subjectto alljust exceptions. 2019:DHC:7330 } BAIL APPLN.2237/2019 BAIL APPLN.2238/2019

2. The petitioner has filed the present petitions, inter alia, praying that directions be issued for release ofthe petitioner on bail in the event of his arrest in connection with FIR No.0142/2018 under Section 420/34 IPC and FIR No.0035/2018 under Section 420/120-B/406IPC.

3. The learned APP appearing for the State states that the petitioner has not joined the investigation and Non-bailable Warrants have been issued against the petitioner. She also states that proceedings declaring the petitioner as proclaimed offender have been initiated and the matter is listed before the trial court on 11.09.2019.

4. The petitioner states that he is suffering from cancer and his medical condition is precarious. He has also annexed certain medication prescriptions alongwith the instant applications, which are not readily discermble. However,itdoesappearthatthepetitionerhasbeen undergoing medication atvarious hospitals.

5. In view of the above, this Court considers it apposite to direct the petitioner to appear before the trial court on 11.09.2019 in the proceedings initiated by the State and join the investigation. The trial court shall consider whether the petitioner ought to be released on bail or ought to be taken in custody.

6. Needless to state that the trial court shall take into account all mitigating circumstances,ascanvassed by the petitioner.

7. Inthe meanwhile(till 11.09.2019),the petitioner shall notbe arrested.

8. The petitions are disposed ofwith the aforesaid observations.

9. Order dasti under signatures ofthe Court Master. SEPTEMBER06,2019 MK VTOHUBAKHRU,!