Paramvir vs Ramesh Kumar and Another

Ajay Tewari, J.—This order shall dispose of CRM-M Nos. 8225 & 8377 of 2011 as both have arisen out of the same occurrence. For the sake of convenience the facts are being extracted from CRM-M No. 8225 of 2011.

This petition has been filed u/s 438 Code of Criminal Procedure for grant of anticipatory bail to the Petitioner(s) in a complaint case No. 52/2010 registered under Sections 302, 34, 120-B and 201 IPC.

Originally after the death of Poonam the FIR was registered u/s 306 in which the husband was arrested. Subsequently the complainant side moved a private complaint alleging that poison was administered to the deceased by the accused persons.

Learned Counsel for the Petitioners has argued that the Petitioners had been found innocent by the police but would now have to face the trial and should not be arrested.

Learned Counsel for the Respondent No. 1 has argued that the present is a case where right from the beginning the police was hand-in-glove with the Petitioners and that is why the husband of Poonam had been released on bail since the challan was not presented within 60 days.

In my considered opinion, the determinant of this case is the fact that the husband had already been in custody for 60 days and the other Petitioners have been investigated and found innocent. In the circumstances, I deem it appropriate to grant the concession of anticipatory bail to the Petitioners.

Ordered accordingly.

In the event of their arrest, the Petitioners shall be re-leased on anticipatory bail to the satisfaction of Investigating Officer subject to the conditions that they would appear before the learned trial Court and thereafter admitted to regular bail.

Petitions stand disposed of.