BAIL APPLN./1050/2018 of MAHENDER KATARIA Vs THE STATE ( GOVT OF NCT OF DELHI)
Parties
- BAIL APPLN./1050/2018 of MAHENDER KATARIA (PETITIONER)
- THE STATE ( GOVT OF NCT OF DELHI (RESPONDENT)
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*IN THE HIGH COURT OF DELHI AT NEW DELHI+BAIL APPLN. 1050/2018MAHENDER KATARIA..... Petitioner
..... Petitioner
ThroughMr. Rishi Pal Singh, Adv
versus
THE STATE ( GOVT OF NCT OF DELHI)..... RespondentThroughMs. Aasha Tiwari, APP for StateSI Surender, PS Begumpur
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAKO R R%06.09.2018
Learned counsel for petitioner submits that petitioner has notbeen identified by the sole eye witness PW-7 Vishal.He furthersubmits that nothing was recovered from the petitioner. Petitioner isin custody since 23[rd]June, 2015.
Learned APP submits that CCTV Footage was taken fromneighbour of petitioner and in the CCTV footage petitioner was seengoing out of his house along with co-accused and at that time co-accused was having an axe in his hand.
Learned counsel for the petitioner submits that PW-3 hasadmitted in his cross examination that said persons were in muffledface. The axe was sent to FSL but the blood on the axe did not matchwith the blood sample of deceased.
Petitioner is in custody for more than three years. Accordingly,keeping in mind the totality of facts and circumstances, petitioner isadmitted to bail, subject to his furnishing personal bond in the sumof `20,000/- with one surety in the like amount to the satisfaction ofthe trial court.
Application is disposed of in the above terms.Dasti.
SEPTEMBER 06, 2018
A.K. PATHAK, J