High CourtsSingle Bench(2018) 12 DEL CK 0209

Mithlesh Verma vs State (Govt. Of Nct Of Delhi)

Delhi High Court · Decided on 17 December 2018

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Disposed Off
CASE NUMBER
Bail Application No. 1818 Of 2018

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Judgment

9 paragraphs · 256 words

Sanjeev Sachdeva, J

1.

Petitioner seeks anticipatory bail in FIR No.359/2018 under Sections 304-B/498-A/34 IPC, Police Station Jafrabad (now transferred to DIU, North East). The petitioner is the mother-in-law of the deceased.

2.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated and on the date of the incident, she was not even in Delhi but was on a pilgrimage to Haridwar.

3.

Petitioner  was  granted  interim  protection  by  order  dated 02.08.2018, subject to joining investigation.

4.

Learned APP for the State, under instructions from the Investigating Officer, submits that the investigation is complete and chargesheet has been filed. Learned APP for the State submits that as per the investigation, it is confirmed that on the date of the incident the petitioner was not in Delhi but was in Roorkee.

5.

Without commenting on the merits of the case and keeping in view the totality of facts and circumstances and on perusal of the record, I am satisfied that the petitioner has made out a case for grant of anticipatory bail.

6.

Accordingly, it is directed that in the event of arrest, the arresting officer/IO/SHO shall release the petitioner on bail on her furnishing a bail bond in the sum of Rs. 15,000/- with one surety of the like amount to the satisfaction of the arresting officer/Investigating Officer/SHO concerned. Petitioner shall not do anything that may prejudice the trial or the prosecution witnesses.

7.

The petition is disposed of in the above terms.

8.

Order Dasti under signatures of the Court Master.