Order 10

Order Details: COPY OF ORDER
Pdf Text: SC No. 251/23
FIR No. 15/21
PS Anand Vihar Railway Station
U/s 302/201/34 IPC
State Vs. Arvind Yadav
11.07.2024
Present : Sh. Parmod Kumar, Ld. Addl. PP for the State.
Dr. Amarendra Pratap Yadav and Ms. Satyama
Dubey, Ld. Counsels for applicant/accused.
IO/Insp. Proshun PS Anand Vihar Railway Station
in person.
This is an application u/s 439 Cr.P.C. moved on
behalf of applicant/accused for grant of interim bail.
Reply/verification report has been filed. Copy has
been supplied.
Arguments heard.
Ld. Counsel for applicant/accused has submitted
that applicant/accused is in JC since 12.05.2023; that marriage
ceremony of younger brother of applicant/accused is scheduled
for 15.07.2024 at Village Dabhi District Aligarh, UP; that
daughter of applicant/accused had passed away on 26.06.2023
due to drowning in water tank and he along with his wife has to
perform the rituals of shanti-path and hawan for the spiritual
benefits of the soul of their daughter on the occasion of her
Barsi;
that his application seeking regular bail was dismissed as
withdrawn by Hon’ble High Court of Delhi vide order dated
31.05.2024; that applicant/accused is ready to abide by all the
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conditions imposed by the court, if he is granted interim bail.
Thus, Ld. Counsel has prayed for grant of interim bail for three
weeks to the applicant/accused.
Per contra, Ld. Addl. PP for the State has
vehemently opposed the application by stating that the same does
not contain any imminent or urgent grounds to be considered for
the release of applicant/accused on interim bail. The application
has been further objected by referring to the serious nature of
allegations against the applicant in the present case as well as by
stating that one public witness of last seen evidence is yet to be
examined. Thus, dismissal of the present interim bail application
has been prayed on behalf of State.
I have heard the arguments addressed on behalf of
both sides and perused the material available on record.
By virtue of present application, interim bail has
been sought on the ground of marriage of younger brother of
applicant/accused as well as in order to perform the rituals of
Shanti Pathh and hawan for the spiritual benefits of the soul of
his deceased daughter. Along with the reply/verification report in
response to the said bail application, a document issued by Gram
Pradhan, Gram Panchayat Kareempur, Vikas Khand,
Garhmukteshwar, District Hapur has been annexed, whereby the
factum of death anniversary of daughter of applicant/accused as
well as marriage of younger brother of applicant/accused on
15.07.2024 has been certified/verified. Also, along with the
aforesaid reply/verification report, statements of neighbours of
the applicant/accused as well as copies of their Aadhar Card and
invitation card have been filed.
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Pertinently, the factum of death of six year old
daughter of applicant/accused on 26.06.2023 as well as marriage
of younger brother of applicant/accused, which is scheduled to be
solemnized on 15.07.2024, is confirmed from the material placed
on record i.e. reply/verification report including the certification
given by the concerned Gram Pradhan, Wedding Invitation Card
and statements of neighbours of the applicant/accused. Further,
this court cannot lose sight of the fact that certain
rituals/ceremonies are to be performed by the applicant/accused
on the occasion of barsi of his deceased daughter. Also, this
court cannot overlook the responsibilities which have to be taken
care of by the applicant/accused at the time of marriage of his
younger brother. Moreover, the complainant has already been
examined in the present case during the course of evidence and
also applicant/accused is not found to be involved in any other
case. As far as the apprehension on behalf of State that the
remaining last seen witness can be influenced and intimidated, in
case applicant/accused is granted interim bail, may be allayed by
imposing strict conditions on the applicant/accused.
Therefore, without touching upon the merits of the
case and in the light of the reply/verification report filed as well
as in view of facts and circumstances in totality, the court is
inclined to grant interim bail to the applicant/accused to the
extent that applicant/accused is directed to be released on interim
bail for a period of 03 days from the date of this order/release on
his furnishing bail bond in the sum of Rs.30,000/- with one
surety of like amount to the satisfaction of this court/Duty MM
subject to following conditions:
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1. Applicant shall provide his mobile number as
well that of surety to the IO concerned at the time of
release.
2. Applicant shall neither visit within the radius of 3
KMs of the residence of the complainant/other
material witnesses nor shall otherwise make any
effort to influence/intimidate/contact them in any
manner whatsoever nor shall make any effort to
tamper with the evidence of the case during the
period of interim bail.
3. Applicant shall keep his mobile phone on at all
times;
4. Applicant shall contact the IO/SHO before and
after attending the marriage of his younger brother
by way of video call.
5. Applicant shall not commit any offence
whatsoever during the period of interim bail.
6. Applicant is directed to surrender before the
concerned Jail Suptd. upon lapse of interim bail
period and shall not seek any extension in this
regard.
Accordingly, interim bail application of the
applicant/accused stands disposed of.
(Vineet Kumar)
ASJ-02/E-Court (Shahdara)
KKD/Delhi/11.07.2024
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