Citation : 2004 Latest Caselaw 409 Del
Judgement Date : 21 April, 2004
ORDER
O.P. Dwivedi, J.
1. In respect of incident dated 14/15.5.2001 an FIR No. 217/2001 under Sections 341/323/34, IPC was registered on the statement of injured Kanhi Ram. Injured Kanhi Ram registered another FIR No. 242/2001 under Sections 341/323/ 34, IPC in respect of an other incident dated 21.3.2001. In both these FIRs deceased never named any of the petitioner as culprits. Moreover, second FIR was got cancelled by the police as police found it to be a false report. Kanhi Ram was admitted in LJPN Hospital on 22.3.2001 and got discharged on 5th May, 2001. Ultimately on 27.6.2001 Kanhi Ram died at his home. Cause of death has been opined to be pneumonitis. The brother of the deceased then filed a complaint case and in support thereof he has filed affidavit and on that basis Metropolitan Magistrate had taken cognizance and issued processes. In response thereto respondent appeared before learned Metropolitan Magistrate and he was taken into custody. They are in custody since 24.11.2003.
2. Cpnsidering the fact that no specific role has been attributed to the petitioner nor the name of the petitioner figured at all in these two FIRs allegedly registered at the instance of the deceased. I think, it is a fit case for grant of bail.
3. In view of above, I, order that the petitioner be released on bail on his furnishing personal bond in the sum of Rs. 20,000/- with one surety each in the like amount to the satisfaction of learned Trial Court.
With these directions petition stands disposed of. dusty.
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