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Anil Kumar vs State Of Nct Of Delhi on 24 September, 2018

$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 24.09.2018

+ BAIL APPLN. 1506/2018
ANIL KUMAR ….. Petitioner
versus

STATE OF NCT OF DELHI ….. Respondent
Advocates who appeared in this case:
For the Petitioner : Mr.Sanjiv Sahay, Adv.

For the Respondent: Mr.Kamal Kr.Ghai, APP for the State
with Insp.Sheelwant Singh, P.S.Mundka.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

24.09.2018

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks regular bail in FIR No.72/2018 under Section
498A/304B of the IPC, P.S. Munirka.

2. The allegations in the FIR against the petitioner who is the husband
of the deceased is that he used to harass the deceased. The case of the
prosecution is inter alia based on an alleged suicide note allegedly
recovered from the house of the deceased.

3. Learned counsel for the petitioner submits that the suicide note as
well as the recovery of the suicide note is suspect, as the original suicide
note is not available and was not found by the crime team, which had
searched the house. The suicide note is alleged to have been found by the

BAIL APPLN. 1506/2018 Page 1 of 2
sister of the deceased and handed over to the IO on 16.02.2018 i.e. two
days after the incident. She is alleged to have found the suicide note in the
same one roomed house.

4. Forensic science laboratory has given an opinion based on the
photocopy of the suicide note, which was produced. IO who is present in
Court submits that the original suicide note is now not available on record
and seems to have been misplaced and appropriate enquiry has been
ordered by the concerned DCP.

5. Petitioner has been in custody since 08.03.2018.

6. Without commenting on the merits of the case and keeping in view
the facts and circumstances of the case, I am of the view that the petitioner
has been able to make out a case for grant of regular bail.

7. Accordingly, on petitioner furnishing a bail bond in the sum of Rs.
25,000/- with one surety of the like amount to the satisfaction of the trial
court, petitioner shall be released on bail if not required in any other case.
Petitioner shall not do anything that may prejudice either the trial or the
prosecution witnesses. Petitioner shall not leave the country without the
permission of the Trial Court.

8. The Petition is disposed of in the above terms.

9. Order Dasti under signatures of the Court Master

SANJEEV SACHDEVA, J
SEPTEMBER 24, 2018/rk

BAIL APPLN. 1506/2018 Page 2 of 2

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