Kanhaiya Lal v. State NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1750/2017 KANHAIYA LAL ..... Petitioner Through Mr. Ashwani Saxena, Adv versus STATE NCT OF DELHI ..... Respondent Through Ms. Meenakshi Dahiya, APP for State Insp Vinai, PS Bhalaswa Dairy

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 26.10.2017 Learned counsel for the petitioner submits that FIR was registered on the complaint of Dharminder and name of the petitioner was not mentioned in the FIR.

In supplementary statement recorded under Section 161 Cr.P.C. on the next day of the incident, Dharminder stated that petitioner had also participated in quarrel. Learned counsel for the petitioner further submits that allegation of setting the deceased on fire are against coaccused Abhishek. As per the prosecution Abhishek went upstairs along with his uncle (Vijay Kumar) and poured kerosene on the deceased and set her on fire. The deceased died in the hospital after about two days. Vijay Kumar has already been granted bail by the Bench of coordination jurisdiction vide order dated 14th July, 2017 passed in bail application 706/2017. It is further submitted that co-accused Rahul @ Binny, Vijay @ Bittoo@ Tedhi and Darshana Devi have also been granted bail.

Learned APP submits that in the dying declaration, deceased stated that petitioner was present at spot at the time of incident. Keeping in mind the totality of the facts and circumstances of the case, petitioner is admitted to bail subject to his furnishing a personal bond in the sum of `10,000/- with one surety in the like amount to the satisfaction of trial court.

Application is disposed of in the above terms. Dasti.

A.K. PATHAK, J OCTOBER 26, 2017 sm