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2023 Supreme(Del) 4895

SAURABH BANERJEE
Shadab – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates appeared:
Mohd. Aakil and Mohd. Danish Ahmed, Advocates, for the Applicant.
Mr. Ajay Vikram Singh, APP for the State with Inspector Sanjeev Sharma, TI/TNC and Inspector Anil Kumar, ATO/Shakurpur.

JUDGMENT

1. This is an application filed by the applicant under Section 439 of Code of Criminal Procedure, 1973 seeking regular bail in FIR No.457/2020 dated 30.10.2020 under Section 302 of the Indian Penal Code, 1860 registered at Police Station Shakarpur, Delhi.

2. The present applicant was formally arrested in the said case on 30.10.2020. Charges have been framed by the learned Trial Court and the trial is at the stage of prosecution evidence. Considering the gravity involved, four regular bail applications have been filed by the applicant, of which, three have been dismissed by the Trial Court and one was withdrawn by the applicant.

3. The present FIR was filed based on a disclosure statement of the applicant, made to the police on 29.10.2020, informing about the death of his live-in partner, the victim. The accused found the victim hanging from the fan on 29.10.2020, when he returned from his home in Shastri Park at 12:00 AM on 29.10.2020. He made a call to the PCR, subsequent to which, basis his disclosure statement, the FIR was recorded.

4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present FIR on unfounded allegations

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