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2003 Supreme(Del) 602

High Court Of Delhi
RAJ KUMAR RAJU - Appellant
Versus
STATE OF NCT OF DELHI - Respondent
CRI.MISC.(M.) 614 of 2003
Decided On : 07/16/2003

Advocates Appeared:
PAVAN SHARMA, RAJESH SHARMA, SANJIV KUMAR

Headnote:Criminal Procedure Code, 1973 - Section 439 — Bail — Murder — Common intention — Eye-witness has already been examined — No role is assigned to the petitioner — No evidence — State is unable to contest the same — Bail granted — Indian Penal Code, 1860, Section 302/34.

( 1 ) THIS is a petition under Section 439, Cr. P. C. for grant of bail in case FIR No. 131/2002 under Sections 302/34, IPC P. S. Badarpur, Delhi.

( 2 ) LEARNED Counsel for the petitioner submits that the alleged eye-witness of the occurrence PW 2 (Amit Kumar), of the case has already been examined. No role is assigned to the petitioner. Statement of PW 2 has been filed. It is argued that there is no evidence. Learned Counsel for the State is unable to contest the same.

( 3 ) IN view of above, petitioner is ordered tobe released onbail on his furnishing personal bond in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the Trial Court.

( 4 ) TRIAL Court record be sent back. Petition stands disposed of. Dasti. Petition disposed of.

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