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High Court of DelhiBAIL APPLN./1334/2018

Robin Singh v. State

2019-01-14Hon'Ble Mr. Justice Sunil Gaur2 pages

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1334/2018 ROBIN SINGH ..... Petitioner Through:

Mr. Anil Sharma and Mr. Jaskaran Singh, Advocates

Versus

STATE ..... Respondent Through:

Mr. M.P. Singh, Additional Public Prosecutor for State with SI Sandeep, P.S. Begumpur.

Mr.

Kishal Kumar and Mr.

Prashant Kr. Umrao, Advocates for Respondent No. 2

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 14.01.2019 Petitioner seeks anticipatory bail in FIR No. 233/2018 under Sections 306/34 IPC, registered at police station Begum Pur on the ground that he is innocent. Vide order of 3rd July, 2018 while calling upon the State to file the status report, protection from arrest was granted to petitioner.

Status report has been filed. Learned Additional Public Prosecutor for State opposes the grant of anticipatory bail, on the ground that although the petitioner has joined investigation but there is apparent contradiction in his initial statement made to police vis-à-vis statement of Page | 1

Rahul, neighbour, as noticed in status report is:- "Petitioner called him on his phone and told that his wife is not speaking, whereas petitioner disclosed that he shouted and called his neighbour. When neighbour Rahul goes to the house of petitioner, he found deceased was lying on the bed and petitioner was crying, whereas the petitioner disclosed that he with the help of Rahul brought down the body of his wife from ceiling fan".

Upon hearing, I find that the contradiction pointed out is not material as it does not go to the root of the case. In the opinion of this Court, it is fit case to grant bail to petitioner. Accordingly, interim order of 3rd July, 2018 is made absolute. It is directed that in the event of arrest, petitioner be admitted to bail, subject to furnishing bail bond in the sum of ₹25,000/- with one local surety in the like amount to the satisfaction of Investigating Officer. This bail application is accordingly disposed of while refraining to comment on the merits of the case.

Dasti.

(SUNIL GAUR) JUDGE JANUARY 14, 2019 p'ma Page | 2