BAIL APPLN./2801/2018 of SATYAWAN Vs THE STATE

*IN THE HIGH COURT OF DELHI AT NEW DELHI+BAIL APPLN. 2801/2018 & Crl.M.A. 48302/2018SATYAWAN..... Petitioner

Through:Mr. Pramod Kumar & Mr. OmPrakash, Advs.Prakash, Advs.

versus

THE STATE

..... RespondentThrough:Mr. Amit Ahlawat, APP for the State.

CORAM:HON'BLE MR. JUSTICE R.K.GAUBAO R R%29.11.2018

On 07.01.2016, sometime after 10.20 a.m. dead body of Nannu Ramwas discovered by some public person , this leading to PCR call being made.The dead body was initially not identified, the identity being establishedlater. Hari Singh @ Hariya described as an eye witness was examined on07.01.2016 and he provided material on the basis of which needle ofsuspicion pointed towards the applicant. He being arrested on 12.01.2016.Hari Singh @ Hariya whose testimony was expected to also substantiate themotive – money owned by the deceased to the applicant, when examined atthe trial concededly was not supportive of the prosecution story.

The learned additional public prosecutor fairly conceded that the casenow rests on circumstantial evidence, the prime ones being of recovery ofBAIL APPLN. 2801/2018page 1 of 3

the stolen mobile of the deceased at the instance of the applicant from aroom in the house of his relative and of the weapon of the crime recoveredfrom place nearby the location where the dead body was found, the lastseen evidence having failed because the witnesses to that effect would notsupport. The proceedings of the police recorded on 07.0.1.2016 in the wakeof the discovery of the body prima facie show that the place around wasduly inspected at that point of time.

In these circumstances, case for release of the applicant on bail ismade out. Granted accordingly subject to the following conditions:-

(i).The petitioner shall furnish personal bond in the sum ofRs.20,000/- with one surety in like amount to the satisfaction of thetrial court.

(ii).Prior to his release, he shall give the telephone numbers of selfand of at least one other responsible family member besides that ofthe surety to the trial court.

(iii). He shall join the investigation as and when called upon by theinvestigating officer to do so.

(iv).He shall scrupulously appear at each and every stage of theproceedings before the trial court so as not to cause any obstruction ordelay to its progress.

(v).He shall not commit an offence similar to the offence of whichhe is accused, or suspected, of the commission of which he issuspected.

(vi).He shall not directly or indirectly make any inducement, threator promise to any person acquainted with the facts of the case so as toBAIL APPLN. 2801/2018page 2 of 3

dissuade him from disclosing such facts to the Court or to any policeofficer or tamper with the evidence; and

(vii). He shall not leave India without the prior permission of thecourtofcognizance or the trial court, as the case may be, and toensure duecompliancewiththis condition and shall deposit hispassport, if he holds one, with the said court.

The bail petition and the applications field therewith are disposed ofin these terms.

copy of this order shall be transmitted to the jail authorities and tothe trial court.

Dasti under the signatures of Court Master.

NOVEMBER 29, 2018

R.K.GAUBA, J

BAIL APPLN. 2801/2018