Delhi High Court
Vinod Kumar vs State on 25 October, 2017
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1822/2017
Order reserved on 12th October, 2017
Order pronounced on 25th, October, 2017
VINOD KUMAR .....Petitioner
Through: Mr. Vishal Raj Sehipal, Advocate.
Versus
STATE ....Respondent
Through: Mr. Amit Ahlawat, APP for the State.
CORAM:
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
1. The present petition has been filed under Section 439 Cr.PC for
seeking interim bail for a period of 30 days in case FIR No.
225/2013 under section 302/323/201/34 IPC registered at Police
Station - Samaipur Badli.
2. Learned counsel for the petitioner submits that the petitioner is in
judicial custody since 09.05.2013 and out of 33 witnesses, all the
material witnesses have been examined including the complainant
PW-7 Jasbir Singh; that the family of the petitioner is facing severe
financial crunch specially children (one daughter and one son),
whose studies are being hampered due to non-deposit of fee; that
vide order dated 10.07.2017 passed by this Court, the petitioner
was granted 30 days interim bail for arrangement of financial help
to his family; that petitioner never misused the liberty of bail
granted to him earlier and surrendered on time except on one
occasion as he had to fulfil all formalities of educational loan
applied for his children; that petitioner is sole bread earner of his
BAIL APPLN. 1822/2017 Page 1 of 2
family and he wants to dispose of his property at Chattisgarh to
meet all daily needs and education expenses of his children.
3. Learned APP for the State vehemently opposed the bail of the
petitioner and prays that looking to the criminal delinquency
attributed to the petitioner and his previous conduct, he is not at all
entitled to be enlarged on interim bail.
4. I have heard the learned counsel for the parties and perused the
material available on record.
5. The petitioner is booked for offence punishable under Section 302
IPC. Undisputedly, vide order dated 10.07.2017, the petitioner had
been granted 30 days interim bail to arrange financial aid for his
family and he jumped the said liberty and surrendered after 4-5
days of expiry of the bail period. Petitioner had also moved an
application for extension of bail period on similar ground as raised
in the present application, which was dismissed vide order dated
04.08.2017.
6. Keeping in view the facts and circumstances and the nature and
gravity of the offence involved in the present case, I do not find it
appropriate to allow the present application.
7. The present application is dismissed.
SANGITA DHINGRA SEHGAL, J.
OCTOBER 25, 2017 gr BAIL APPLN. 1822/2017 Page 2 of 2