BAIL APPLN./4482/2024 of HASEEN Vs STATE OF DELHI
Parties
- > picture [34 x 34] intentionally omitted <== (PETITIONER)
- STATE OF DELHI (RESPONDENT)
Cites (1)
- AIR 2021 SC 712 (2021) FOLLOWED
Statutes cited (3)
- constitution of india, article-21 (1950)
- indian penal code (1860)
- constitution of india (1950)
Full text
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*IN THE HIGH COURT OF DELHI AT NEW DELHI+BAIL APPLN. 4482/2024HASEEN
.....PetitionerThrough:Mr. Prince Gupta, Mr. Ashok Kumar,Mr. Nikhil Yadav, Advs.
versus
STATE OF DELHI
.....Respondent
Through:Ms. Priyanka Dalal, APPSI Vishal, PS Mayur Vihar
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGHO R R
%14.01.2025
1.This is an application seeking bail in the FIR No. 211/2022 dated25.02.2020 registered at P.S. Mayur Vihar under Sections 302/34 of25.02.2020 registered at P.S. Mayur Vihar under Sections 302/34 of
IPC.
2.The FIR has been registered by the wife of the deceased stating that thepetitioner stabbed the deceased.petitioner stabbed the deceased.
3.It is stated by Mr. Gupta, learned counsel for the petitioner that in thepresent case, there are number of contradictory statements of thetestimonies and the petitioner is in judicial custody since 25.02.2022and number of witnesses have turned hostile. Out of 22 witnesses, only8 witnesses have been cross-examined.present case, there are number of contradictory statements of thetestimonies and the petitioner is in judicial custody since 25.02.2022and number of witnesses have turned hostile. Out of 22 witnesses, only8 witnesses have been cross-examined.
4.Ms. Dalal, learned APP has shown me the CCTV of the incident,wherein it can clearly been seen that the petitioner has stabbed theaccused to death.wherein it can clearly been seen that the petitioner has stabbed theaccused to death.
5.The petitioner is clearly visible in the CCTV and the stabbing incidentis duly recorded.is duly recorded.
6.The petitioner has clean antecedents.
7.The CCTV footage is clear, unambiguous and shows the petitionerstabbing the deceased to death.stabbing the deceased to death.
8.The FSL report is also available which shows that there is no tamperingwith the CCTV recording.with the CCTV recording.
9.For the said reasons, in view of clear recording and evidence of thepetitioner stabbing the deceased to death, I am unable to entertain thepresent bail application and the same is dismissed.petitioner stabbing the deceased to death, I am unable to entertain thepresent bail application and the same is dismissed.
10. The status report handed over in Court today is taken on record.
JANUARY 14, 2025 / (MS)
JASMEET SINGH, J
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