New Delhi, Jun 25 (ILNS) The Delhi High Court today dismissed an application challenging a bail order of the Additional Session Judge, allowing the bail application while imposing a condition that the petitioner shall stay at a distance of 25 km from the house of the prosecutrix for the time being, till further orders.
A Single-Judge Bench of Justice Subramonium Prasad noted, “The repeated attempts on the part of the petitioner is nothing, but an abuse of the process of law.”
The petition has been filed seeking direct that he be allowed to get extra care of him and that can be possible only at his house stating, “…petitioner is a heart patient and his health condition is not satisfactory.”
Earlier, the ASJ had relaxed the condition on three occasions. The condition that the petitioner be directed to stay away from the place of residence of the petitioner has been modified and the distance has been reduced from 25 km to 10 km.
However, the Bench observed, “it cannot be said that the orders passed by the learned Trial Court is without considering the relevant factors. The Court cannot brush aside the statement by the prosecutrix made under Section 164 CrPC stating that the petitioner has threatened her and her family.”
However, the bench while dismissing the application observed, “This should not be taken as a total prohibition on part of the petitioner to approach the courts for relaxation of conditions, if there is a material change in circumstance.” ILNS/GM/RJ