Final Order 4

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. AMITABH RAWAT
ADDITIONAL SESSIONS JUDGE-03
(SHAHDARA), KARKARDOOMA COURT, DELHI
Bail Application No. 1493-2023
FIR No. 15/2023
U/S. 302/201/34 IPC
PS- Anand Vihar Railway Station
State Vs. Arvind Kumar
16.08.2023
ORDER
1. This order shall dispose off the application under Section 439
Cr.P.C filed on behalf of applicant/accused Arvind Kumar for grant of
interim bail for a period of 45 days.
2. Reply to the bail application filed.
3. Arguments were heard on behalf of accused and Ld. Public
Prosecutor for the State. I have perused the record carefully.
4. 4.1 Ld. Counsel for the applicant/accused Arvind Kumar had
submitted that on 26.06.2023 minor daughter of accused namely Kumari
Niti fell into the water tank, resulted into her unfortunate demise. Wife of the
applicant/accused is depressed due to sudden death of her minor daughter
and also the applicant/accused (her husband) is falsely implicated in the
murder case of her own brother. She was referred to CHC Garh
Muhteshwar, Distt. Hapur and from there, she was referred to District
Combined Hospital Hapur. The family is in dire need of the
applicant/accused to look after his wife and minor son as there is no one to
help them. Contd...2
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4.2 It is further submitted that applicant/accused is suffering from
piles and was referred to district hospital and was advised to undergo an
surgery. Since applicant/accused was on interim bail till 16.07.2023 and
could not get further treatment, he is in dire need of medical treatment.
It is, thus, prayed that interim bail for a period of 45 days may be
granted to the applicant/accused Arvind Kumar.
5. Ld. Addl. Public Prosecutor for the state opposed the bail
application stating that the offences are serious in nature and prayed that the
present interim bail application be dismissed. It was further argued that after
the demise of the daughter of the accused, he was granted interim bail by
this court. If such an application is allowed, then interim bail would be
continuous and without any limit. Also, the allegations are to be seen at the
time of considering interim bail.
6. 6.1 In the present case, the interim bail of the applicant/accused
Arvind Kumar has been sought on the ground that he has to take care of his
wife, who is suffering from psychiatric issues. Wife of the accused is stated
to have been receiving treatment at CHC Garh Muhteshwar, Distt. Hapur,
but there is no admission in a hospital nor any immediate surgery is required
nor any date has been stated for any surgery in the hospital.
6.2 The investigation in this case is still going on. Accused is
alleged to have murdered his own brother-in-law (brother of his wife). Contd......
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6.3 Accused is getting treatment in jail.
6.4 In view of above, the bail application u/s. 439 Cr.P.C moved
on behalf of applicant/accused Arvind Kumar for grant of interim bail for a
period of 45 days stands dismissed.
Application is accordingly disposed off. Dasti.
(Amitabh Rawat )
Addl. Sessions Judge-03
Shahdara District, Karkardooma Courts,
Dated: 16.08.2023
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