New Delhi: The Delhi High Court has denied interim bail to an ex-member of the Gogi Gang sought on the grounds of his mother's surgery.
He had sought relief saying no one was there to look after his mother. The Court noted that the other members are there to look after his mother.
Bhupender Singh alias Bhuttan, an accused in a case of armed robbery, assault on a public servant, criminal conspiracy and Arms Act registered at GTB Enclave Police station moved an application for interim bail.
Jitender alias Gogi was shot dead in the Rohini Court by the shooters of a rival gang of Tillu Tajpuria on September 24, 2021. The shooters were also gunned down by the commandos of Delhi police.
Justice Asha Menon while declining the relief said, "It is difficult to understand the applicant alone is available to his family to take care of ailing members. Rather, it appears that medical condition which may not require emergent attention has been used to gain interim bail, particularly in view of the fact that the regular bail applications stand dismissed."
"The learned additional public prosecutor is right in highlighting that serious allegations have been made against the applicant who was a gangster and a member of the Gogi Gang," Justice Menon noted in the order of September 6.
It is further noticed that since it is the mother of the applicant who is to undergo surgery, if any, it is her daughter or daughter-in-law who would be better placed to take care of her needs, including during hospitalisation.
"There are other members in the family who are well placed to take care of other needs of the mother," the court added.
Advocate Meera Kaur Patel had submitted that the applicant's mother is suffering from the erosion of the spine, as the Investigation Officer has verified these medical documents as being true. The brother of the accused has declined to take care of his parents and, therefore, the only one who can take care of the mother is the applicant.
On the other hand APP, Ritesh Kumar Bahri opposed the bail application submitting that the family of the applicant includes a brother who is residing with his family in Alipur, another brother residing in Australia and a sister residing in Sonipat, Haryana. The sister's children are also majors.
The court said that the application has to be considered on its own merits. It is then noticed that the applicant has had the benefit of interim bail not once, but twice already in the course of years.