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BAIL APPLN. 865/2013
SHOKEEN Petitioner
Through: Mr. S.N. Bhardwaj, Advocate.
Through: Mr. M.N. Dudeja, APP for the State.
ASLAM Petitioner
Through: Mr. S.K. Sharma & Mr. Rahul Sharma, Advs.
JAMALUDIN Petitioner
Through: Mr. S.K. Sharma & Mr. Rahul Sharma, Advs.
2013:DHC:8181
07.08.2013 L The petitioners seek regular bail under Section 439 IPG in case FIR
No.381/2012 under Section 306/34 IPG registered at PS Malviya Nagar. It is stated that the material witnesses have already been examined and they have not supported the prosecution case. The petitioners are in custody since
13.09.2012. Bail is opposed by learned APP. It is argued that testimony of
HG Manoj Kumar is material to establish the complicity of the petitioners in the incident.
ORDER
2. I have considered the submissions of the parties and have examined the Trial Gourt record. Allegations against the petitioners are that they used to tease 'X' (assumed name) aged 16-17 years studying in class - XII. The complaint was lodged with the police. The petitioners with their guardians were taken to the police station and they apologized and promised not to harass 'X' in future. However, after two or three days 'X' committed suicide at her house. Record further reveals that all material witnesses have been examined. PW-4 (Jameel Ahmed) victim's father, PW-7 (Rabia Khatoon) victim's mother, PW-9 (Smt. Roshan) neighbour and PW-10 (Sababul Haque) pardhan, have not supportedthe prosecution case and implicatedthe BAILAPPLN.Nos. 865/2013, 789/2013 & 798/2013 page 2 of[3] petitioners. Theyare in custody since 13.09.2012. Trial before the Court has been stalled for want of FSL report which the prosecution has failed to produce despite numerous opportunities.
3. Considering these facts and circumstances, the petitioners are admitted to bail on their furnishing personal bond inthe sum of ? 50,000/with one surety, each in the like amount to the satisfaction of the Trial Court.
4. The bail applications stand disposed of. Trial Court record be sent back forthwith.
5. Order dasti.