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2014 Supreme(Del) 3184

V.P.VAISH
Attar Singh – Appellant
Versus
State – Respondent


For the Petitioner:Mr. Pradeep Arya with Mr. Narinder Chaudhary and Mr. Praveen Dabas, Advocates.
For the Respondent/State: Mr. Navin Sharma, APP.

JUDGMENT :

Ved Prakash Vaish, J.:--

1. These two applications filed under Section 438 of Code of Criminal Procedure, 1973 (hereinafter referred as ‘Cr.P.C.’) on behalf of the applicants who seek anticipatory bail in case FIR No. 247/2014 under Sections 302/34 IPC registered at P.S. Kanjhawala, Delhi.

2. Since both these applications are arising out of the same FIR, these are being taken up together for disposal.

3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case, no specific role has been assigned to the applicants and no specific injury has been attributed to the applicants in the FIR. He further submits that applicant Attar Singh is an old person and is a cancer patient.

4. Learned counsel for the applicants also submits that applicant Smt. Vidya Devi is not named in the FIR and she has been falsely implicated and her name was introduced in the FIR later on. He also submits that the incident is alleged to have taken place at 1:30 a.m. in the mid night whereas the FIR was lodged at about 10:00 a.m., therefore, there is an unexplained delay of about 8 hours.

5. Learned counsel for the petitioner has relied upon judgments in ‘Sonu















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