• Nitin Kumar Vs. State

  • Head Notes

    • Criminal Procedure Code, 1973- Sections 437, 439 & 389- Penal Code, 1860 - Sections 498-A & 304-B - Bail- During trial period, grant of- Cases Of 10 Years & More Sentence- Application for grant of regular bail in FIR under Sections 498-A/304-B/34 IPC - On date of incident, Konica deceased locked herself in a room of her matrimonial house and committed suicide by hanging herself - Petitioner in judicial custody since 2nd October, 2014 (date of incident) - Held, charge-sheet already filed - Most of witnesses are family members, doctors and Government witnesses - There is hardly any chance by petitioner to approach or tamper with evidence - Also no chance that petitioner will flee away from trial in the matter, as petitioner is working as Assistant General Manager in Reserve Bank of India - Also an admitted position that petitioner himself had taken deceased to hospital - He not having previous criminal antecedents, and no material on record to show that petitioner will misuse liberty to be granted to him to subvert justice - Bail application allowed - Criminal Procedure Code, 1973 - Section 439 - Bail.- Sanjay Chandra v. Central Bureau of Investigation, (2012) 1 Supreme Court Cases 40 & Dr. Vinod Bhandari v. State of M.P., JT 2015(1) SC 600, Relied on.- Kans Raj v. State of Punjab &Ors., AIR 2000 Supreme Court 2324, Narender Singh Arora v. State, 2010 (173) DLT 244 & Hari Gopal Wadhwa v. State, (143) 2007 DLT 210, Referred (Para 20, 21 & 22)- Further Held- It is also not denied by the learned APP for the State that the petitioner has not withdrawn any amount from the bank account of the deceased Konica in relation to the purchase of plot at Yamuna Express Way, rather it appears from the charge- sheet that the petitioner has taken the loan from RBI Employees' Coop. Credit Society, Hyderabad for the said purpose (Para 21)- Judgment- Nitin Kumar v. State, Bail Appln. No. 437/2015(06/04/2015), 2015(219) DLT 227: 2015(4) AD(Delhi) 109 [Manmohan Singh, J.] [Full PDF Judgment].
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