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Whether court can hand over custody of accused to investigating officer for Test Identification Parade?


BAIL APPLN. 2236/2021




Dated:  28.09.2021

1. This is a petition filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in case FIR No. 80/2021 under Sections 308/34 IPC registered at Police Station Sangam Vihar, New Delhi.

2. It is submitted by the counsel for the petitioner that the name of the petitioner is not mentioned in the FIR and he has been identified by the complainant on seeing CCTV Footage in some other matter and who has disclosed that it was the petitioner who was also present on the date of the incident. It is further submitted by the counsel for the petitioner that petitioner has joined the investigation, and nothing is to be recovered from him. It is further submitted by the learned counsel for the petitioner that the only allegation against the petitioner is that he gave legs and fists blows to the complainant.

3. On the other hand, it is submitted by the learned APP that the petitioner is the main accused in this case who has started quarrel, and at his behest two other co-accused came there and gave legs and fists blows to the complainant. It is further submitted by learned APP that petitioner had caught hold of the complainant. It is further submitted by learned APP that TIP proceedings are to be conducted and for that purpose custody of the petitioner is required by the IO.

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4. In the instant case, the only allegations against the petitioner are that he caught hold of the complainant and gave legs and fists blows. The petitioner has joined the investigation, and in my opinion, custody of the petitioner cannot be given to the IO only for the purpose of conducting of TIP proceedings. Petitioner can be directed to join the investigation and the IO can arrange for TIP proceedings. Therefore, in the facts and circumstances, in the event of arrest, petitioner be admitted to bail on his furnishing a personal bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of Arresting Officer/SHO concerned.

5. The application stands disposed of accordingly.

SEPTEMBER 28, 2021

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