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High Court of DelhiBAIL APPLN./1425/2017

Anil v. State

2017-09-04Hon'Ble Mr. Justice I.S.Mehta2 pages

$~44 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1425/2017 ANIL ..... Petitioner Through:

Mr.Vishal Raj, Advocate.

versus STATE ..... Respondent Through:

Mr.Panna Lal Sharma, APP for State with Inspector Rajesh Kumar, P.S.

Nangloi, Delhi.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 04.09.2017 This is an application under Section 439 Cr.P.C. filed on behalf of the petitioner for grant of anticipatory bail in case FIR No.59/2017, under Sections 304-B/498-A/34 IPC, registered at Police Station Nangloi, Delhi. Learned counsel for the petitioner has submitted that the petitioner is the brother-in-law of the complainant and has nothing to do with the alleged offence. Counsel further submits that the main eye witness has been examined and nothing specific has been stated by the said witness against the present petitioner in his statement before the Court below. Counsel further submits that the main accused i.e. husband and father-in-law of the complainant have already been granted regular bail by the Court below. Counsel further submits that on the question of parity and since there is no

evidence qua against the present petitioner, the petitioner may also be released on regular bail Learned APP for the State opposes the bail application. However, on instructions from the IO, learned APP admit that the husband and the fatherin-law of the complainant have been granted regular bail by the Trial Court as Smt. Taro Devi, the main witness has turned hostile. In these circumstances, I admit 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 concerned Trial Court/MM with the condition that the petitioner shall not leave the country without prior permission of the Court below and he shall not tamper with the prosecution evidence.

The present bail application is allowed and stands disposed of in the above terms. However, this order shall not affect the merits of the case. Copy of this order be given dasti, as prayed. I.S.MEHTA, J SEPTEMBER 04, 2017 'dc'