Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: IA 1/24 in SC 22/24
State Vs. Surender Singh
FIR No.382/2023
PS Mukherjee Nagar (Now Crime Branch)
u/s 365/302/201/419/471/120B/34 IPC
12.02.2024
This is an application under Section 439 Cr.P.C.
for grant of interim bail moved on behalf of the applicant/
accused Surender Singh.
Present: Sh. P.K. Samadhia, ld. Addl. PP for the State.
Sister of the deceased with counsel Sh. Chandra
Shekhar Yadav.
Sh. Pradeep Khatri, Ld. counsel for the
applicant/accused.
SI Pinki on behalf of Inspector Rajeev Kakkar.
Reply of interim bail application as well as
verification report of the marriage of the niece of the accused has
been filed. Be taken on record.
It is submitted by Ld. counsel for the applicant/
accused that the marriage of the niece of the applicant/accused is
fixed for 14.02.2024 and the venue of the marriage is Village
Jindpur, Delhi which is the native village of the applicant/
accused. The verification report in respect of the marriage of the
niece of the applicant/accused on dated 14.02.2024 reveal that
the applicant/accused is the real uncle of Kumari Ishika and to
attend the marriage of the real niece of the applicant/accused, 10
days interim bail may kindly be granted.
Per contra, the interim bail application of the
applicant/ accused has been strongly opposed by ld. APP for the
State and make a submission that the interim bail application of
the applicant/ accused may kindly be dismissed.
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Ld. counsel for the complainant as well as the sister
of the deceased has opposed the bail application on the ground
that the manner in which the victim was murdered, they have
every apprehension that the applicant/accused may extend any
kind of threat to any of the witness or the family members of the
deceased.
Having heard the submissions made by Ld. counsel
for the applicant/accused, ld. APP for the State and after gone
through the contents of the interim bail application, this court is
of the considered view that though, the verification report in
respect of the marriage of the niece of the applicant/accused has
been filed and the same also confirmed that the marriage of the
niece of the applicant/accused is fixed for 14.02.2024, however,
the allegations against the accused are of very serious nature and
the case is at the initial stage inasmuch as the charge is yet to be
framed against the applicant/accused.
It is worth mentioning that there is every
apprehension that if the court grant the interim bail to the
applicant/accused to attend the marriage of his real niece, then,
he may extend any kind of threat or may cause harm to the
family members of the deceased. Therefore, considering all the
facts and circumstances, no ground is made out to grant the
interim bail. Hence, the interim bail application stands dismissed.
The interim bail application stands disposed off
accordingly.
However, it is pertinent to mention that nothing
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expressed herein shall tantamount to be an expression on the
merits of this case.
Copy of order be provided to the parties concerned
and also be sent to Jail Authorities for information and
compliance.
(Satish Kumar)
ASJ-3(North)/Rohini Courts
Delhi/12.02.2024
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