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Judgment
7 paragraphs · 236 wordsLeave granted.
First Information Report No.109 dated 21st October, 2017, was lodged against the appellant under Sections 306, 376 and 506 of the Indian Penal Code (Penal Code).
The primary submission which was urged on behalf of the appellant is that he and the deceased were in a consensual relationship. Moreover, the attention of the Court has been drawn to the statement recorded on 13 July, 2018 by the learned Single Judge of the High Court that the State counsel, on instructions from the ASI, stated that the presence of the appellant is not required for further investigation.
In pursuance of the orders passed by this Court on 11th December, 2018, the arrest of the appellant was stayed and thereafter, on 14th January, 2019 the complainant was impleaded.
We have heard learned standing counsel appearing on behalf of the State and the learned counsel for the complainant.
Having heard learned counsel, we are of the view that the appellant should be granted anticipatory bail under Section 438 of the Code of Criminal Procedure. We, accordingly, direct that in the event of the arrest of the appellant, he shall be released on bail, subject to the satisfaction of the concerned court. The appellant shall, however, cooperate in the investigation and shall not interfere with the witnesses.
The appeal is accordingly disposed of. Pending application, if any, shall stand disposed of.