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2017 Supreme(Del) 1630

S.P.GARG
Ritu Batra – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioner:Mr. Parinav Gupta, Advocate.
For the Respondent:Ms. Manjeet Arya, APP. Mr. Mohit Mathur, Sr. Advocate with Mr. Manoj Pant, Advocate.

JUDGMENT :

S.P.GARG, J.

1. Present petition under Section 439(2) Cr.P.C. has been preferred by the petitioners – victim’s daughters to challenge the legality and correctness of an order dated 27.02.2015 of learned Addl. Sessions Judge in FIR No.940/2014 registered under Sections 302/201/364/380/404/411/457/34 IPC at PS Dwarka North whereby respondent No.2 -Atul Kumar (hereinafter referred as ‘the respondent’) was granted regular bail under Section 439 C.P.C. The petition is contested by respondent.

2. I have heard the learned counsel for the parties and have examined the file.

3. Admitted position is that the respondent along with co-accused-Pramod Kumar @ Pintu, Rohit Gupta @ Gulshan and Gaurav Sharma @ Guddu Pandit is facing trial in FIR No.940/2014 registered under Sections 302/201/364/457/380/411/404/34 IPC PS Dwarka. Main charge-sheet and supplementary charge-sheet have since been filed. The FIR in Delhi was lodged on 31.12.2014.

4. On 13.10.2014, Insp. K.K.Sharma, SHO PS Babri, Distt. Shamli, U.P. along with staff was on official duty for checking suspicious vehicles. At about 10.30 p.m. a Ford Figo car No. DL 1CM 9765 came from Shamli side. When the police officials on duty tried


















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