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High Court of DelhiBAIL APPLN./376/2019

Ashutosh @ Sonu v. State NCT Of Delhi

2019-02-13Hon'Ble Ms. Justice Mukta Gupta2 pages

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 376/2019 ASHUTOSH @ SONU ..... Petitioner Represented by:

Mr. Hemant Gulati, Advocate.

versus STATE NCT OF DELHI ..... Respondent Represented by:

Ms. Rajni Gupta, APP with SI Kamlesh Kumar, PS Sarita Vihar.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 13.02.2019 Crl.M.A. No. 3299/2019 (Exemption) Allowed, subject to all just exceptions.

BAIL APPLN. 376/2019 By this application, the petitioner seeks interim bail in case FIR No. 493/2015 under Section 364/34 IPC on the ground of his own marriage which is fixed for 14th February, 2019.

Learned APP for the State has taken this Court through the order of the learned Additional Sessions Judge whereby dismissing the interim bail application it was noted that the petitioner had earlier also applied for interim bail on the same ground when it was rejected. The reasons primarily for rejection of the interim bail was that the petitioner was involved in FIR No. 224/2010 registered at PS Govind Puri and while on bail in the said FIR BAIL APPLN. 376/2019

he allegedly committed murder of the witness resulting in registration of FIR for offence punishable under Section 302 IPC. It is further noted that the petitioner while from the Judicial Custody was being produced before the Court when he escaped from the custody. This incident was captured in the CCTV footage. While escaping simple injuries were caused to the brother of the deceased, namely, Vikas. The allegations against the petitioner in the FIR in question are that on the intervening night 6th-7th June, 2015, he along with co-accused took the deceased Nitin and Titu to his house where they mercilessly beat them and thereafter threw the body of Nitin in the Agra canal. Considering the previous conduct of the petitioner, this Court is not inclined to grant interim bail to the petitioner even for his own marriage. Petition is dismissed.

MUKTA GUPTA, J.

FEBRUARY 13, 2019 'yo'

BAIL APPLN. 376/2019