Naeem @ Naimuddin v. State (NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 292/2017 NAEEM @ NAIMUDDIN ..... Petitioner Through :

Mr. Ashok Thagal, Advocate with Mr. Vishal Chaudhary, Mr. Tabrez Anwar, Advocates versus STATE (NCT OF DELHI) ..... Respondent Through :

Mr. Hirein Sharma, APP for State with Insp. Sanwar Mal, P.S. Khajuri Khas

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 08.08.2017 Counsel for the petitioner has submitted that the petitioner is the father-in-law of the deceased and is falsely implicated in the present FIR No.424/2016 under Sections 498-A/304-B/34 IPC registered at Police Station Khajuri Khas, District North-East.

Counsel for the petitioner has submitted that the petitioner is 56 years of age and was living separately at the time of the incident taken place. Counsel for the petitioner has further submitted that the petitioner has nothing to do with the alleged incident as he was living separately from the husband and the deceased Naeema. Counsel for the petitioner has further

submitted that the petitioner is in judicial custody since 24.05.2016. Counsel for the petitioner has further submitted that the petitioner was arrested on 24.05.2016 in the aforesaid FIR under Sections 498-A/304-B/34 IPC. Counsel for the petitioner has further submitted that the main accused husband is already granted regular bail.

Counsel for the petitioner has further submitted that since the main accused husband with whom the deceased Naeema was living is released on regular bail by the Trial Court, the petitioner is also entitled to bail on the basis of the parity and further submitted that there is no evidence qua against the present petitioner and no purpose would be served if he is kept in judicial custody for further period. Learned APP along with IO Inspector Sanwar Mal is present. Learned APP, on instruction from the IO, submits that the petitioner is the father-in-law of the deceased and the husband Danish is already released on regular bail by the Trial Court on 29.05.2017. Looking into the above facts and circumstances, since the main accused is already released on bail and the present petitioner happened to be the father-in-law, who was residing separately on the date of the incident, I deem it appropriate to release the petitioner on regular bail on his furnishing bail bond in the sum of Rs. 20,000/- with one surety of the like amount to

the satisfaction of the Trial Court with a condition that he shall not leave India without prior permission of the court below and he shall not tamper with the prosecution evidence.

The present bail application is allowed and disposed of accordingly. A copy of this order be given dasti.

I.S.MEHTA, J AUGUST 08, 2017 SR