Amar Pandey v. State

SHAKUN ANAND 07.02.2019 17:00 $~4 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ AMAR PANDEY ..... Petitioner Through: Mr. Sumit Kumar, Mr. Jeewan Chandra and Mr. Rabindra Nanda, Advocates versus STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through: Mr. Amit Ahlawat, APP

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 28.01.2019 The allegations have been made against the petitioner in the case FIR no.244/2018 registered on 09.07.2018 by police station Nabi Karim involving offences punishable under Sections 498A, 304B, 34 of Indian Penal Code, 1860, presently under investigation. The case concerns death of Loveli Pandey on 06.07.2018, she being the wife of the petitioner herein. The petitioner and Loveli Pandey were married on 11.05.2018.

The FIR has been registered on the complaint of Naresh Kumar Singh, father of the deceased.

The claim of the petitioner since beginning has been that the death of Loveli Pandey was natural. The opinion on the basis of post-mortem examination based inter alia on viscera and histopathy reports is now stated to be that the death had occurred due to Cerebraledema and its

complication.

On the request of the investigating agency, autopsy doctors have explained that the main and apparent cause of Cerebral edema in the present case was renal impairment following undiagnosed illness.

In the above facts and circumstances, the prayer is granted as no useful purpose would be served by keeping the petitioner in continued custody, he having been arrested on 10.07.2018. The case for release of the applicant on bail is made out. Granted accordingly subject to the following conditions:- (i).

The petitioner shall furnish personal bond in the sum of Rs.20,000/- with one surety in like amount to the satisfaction of the trial court.

(ii).

Prior to his release, he shall give the telephone numbers of self and of at least one other responsible family member besides that of the surety to the trial court.

(iii). He shall scrupulously appear at each and every stage of the proceedings before the trial court so as not to cause any obstruction or delay to its progress.

(iv).

He shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(v).

He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; and

(vi).

He shall not leave India without the prior permission of the court of cognizance or the trial court, as the case may be, and to ensure due compliance with this condition and shall deposit his passport, if he holds one, with the said court. The bail application is disposed of in these terms. A copy of this order shall be transmitted to the jail authorities and to the trial court.

Dasti under the signatures of the Court Master. R.K.GAUBA, J JANUARY 28, 2019 yg