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* IN THE fflGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 302/2012
CHANDAN Petitioner
Through: MrJ.S.Kushwaha, Advocate with
Mr.Anish Kumar, Advocate.
* IN THE fflGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 302/2012
CHANDAN Petitioner
Through: MrJ.S.Kushwaha, Advocate with
Mr.Anish Kumar, Advocate.
VERSUS
STATE Respondent
Through: Ms.Fizani Husain,APP.
Through: Ms.Fizani Husain,APP.
CORAM:
HON'BLE MR. JUSTICE M.L. MEHTA
% 07.05.2012
This is a petition under Section 439 CrPC for grant of regular bail in case
FIR No. 273/2010, under Sections 365/302/394/397/411/120B IPG & 24/54/59 of the Arms Act, P.S. Saket.
The allegations against the petitioner are that the he along with the co- accused persons, in conspiracy with each other, had abducted Kajal Ghatterjee, husband of the complainant Nabonita Ghatteijee on 26.9.2010 and then, at the point of country-made pistol, robbed him and ultimately murdered him. The allegations against the petitioner clearly indicate his active role inthe commission ofmurder-cum-robbery with a country-made pistol. The DNA profile oftheblood sample ofthe deceased tallied with the blood stains found on iiie seat cover ofthe car and also other co-accused persons. Further, after seizure of the car from the
2012:DHC:9710 petitioner, certain documents were recovered which included Identify Card ofthe petitioner and other documents connecting him with his presence in the car. The plea ofthepetitioner thathe was notinvolved mthe commission of offence except that he was only sitting in the car, is nothing but misleading and contrary to the record. It is noted that the charges against the accused persons including the petitioner have already been framed by the Trial Court and as many as 19 witnesses have also been examined. As per the testimony of the witnesses so far examined, it cannot be said that they have absolved the petitioner. Havingregard to the entire factual matrix and the serious nature of the offence, the petitioner cannot be admitted on bail.
Petition is accordingly dismissed.
M.L. MEHTA,J
MAY 07, 2012
2012:DHC:9710
% 07.05.2012
This is a petition under Section 439 CrPC for grant of regular bail in case
FIR No. 273/2010, under Sections 365/302/394/397/411/120B IPG & 24/54/59 of the Arms Act, P.S. Saket.
The allegations against the petitioner are that the he along with the co- accused persons, in conspiracy with each other, had abducted Kajal Ghatterjee, husband of the complainant Nabonita Ghatteijee on 26.9.2010 and then, at the point of country-made pistol, robbed him and ultimately murdered him. The allegations against the petitioner clearly indicate his active role inthe commission ofmurder-cum-robbery with a country-made pistol. The DNA profile oftheblood sample ofthe deceased tallied with the blood stains found on iiie seat cover ofthe car and also other co-accused persons. Further, after seizure of the car from the
2012:DHC:9710 petitioner, certain documents were recovered which included Identify Card ofthe petitioner and other documents connecting him with his presence in the car. The plea ofthepetitioner thathe was notinvolved mthe commission of offence except that he was only sitting in the car, is nothing but misleading and contrary to the record. It is noted that the charges against the accused persons including the petitioner have already been framed by the Trial Court and as many as 19 witnesses have also been examined. As per the testimony of the witnesses so far examined, it cannot be said that they have absolved the petitioner. Havingregard to the entire factual matrix and the serious nature of the offence, the petitioner cannot be admitted on bail.
Petition is accordingly dismissed.
M.L. MEHTA,J
MAY 07, 2012
2012:DHC:9710
JUDGMENT