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High Court of DelhiBAIL APPLN./2562/2019

Rakesh Kumar v. State (NCT Of Delhi)

2020-02-07Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~6 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2562/2019 RAKESH KUMAR ..... Petitioner Through:

Counsel (appearance not given).

versus STATE (NCT OF DELHI) ..... Respondent Through:

Ms Kusum Dhalla, APP for State.

Inspector C.L. Meena, PS Dwarka South.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 07.02.2020 1.

The petitioner has filed the present petition, inter alia, praying for bail in FIR No. 71/2017 under Sections 302/404 of the IPC, registered with PS Dwarka South.

2.

The said FIR was registered and it was found that a body was found in in front of Gokul Garden and blood was oozing out of the said body. During the investigation, the deceased was identified as Amit Sharma, who is aged about thirty-six years. It is stated in the status report that the deceased had been seen in a TSR with a driver in front of Nanda Bakery, Palam Colony, New Delhi. The petitioner has been identified as the said TSR Driver. 3.

Subsequently, the phone of the deceased was also found in possession of the petitioner. The petitioner was produced before the learned MM for TIP proceedings but the petitioner had refused to participate in the same. 4.

The allegations against the petitioner are serious. This Court is informed that fifteen out of twenty-three witnesses have already been

examined and the next date before the Trial Court is fixed for hearing on 27.03.2020. It is also stated that other witnesses are official witnesses. Accordingly, this Court does not consider it apposite to grant bail at this stage. However, the Trial Court is requested to complete the recording of evidence for the prosecution within a period of three months from today. 5.

The petitioner is at liberty to apply after examination of the prosecution witnesses is complete.

6.

The petition is disposed of.

VIBHU BAKHRU, J FEBRUARY 07, 2020 RK