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2024 Supreme(Del) 669

NAVIN CHAWLA
Tabassum Saifi – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Ms.Geeta Luthra, Senior Advocate with Mr.S.S. Sisodia, Mr.Saurav Kr. Singh, Mr.Moksh Kataria, Ms.Muskan, Mr.Karandeep Singh, Advocates, for the Petitioner.
Mr.Aman Usman, APP with Insp. Ashok Kumar.
Complainant in person.

JUDGMENT

1. This application has been filed under Section 438 of the Code of Criminal Procedure, 1973 (in short, `Cr.P.C.') praying for being released on anticipatory bail in FIR No.191/2023 registered at Shaheen Bagh, South-East, Delhi for offence under Sections 419/420 of the Indian Penal Code, 1860 (in short, `IPC'). The above FIR has been registered post an order passed by the learned Metropolitan Magistrate under Section 156(3) of the Cr.P.C. on an application filed by the Complainant-Mohd. Yousuf, father of the deceased-Andleeb Iram. During investigations, Sections 468/471 of the IPC have also been added.

Factual Matrix

2. It is the case of the prosecution that on 24.03.2022, the deceased was admitted to the hospital of the applicant herein, that is the Medicare Hospital, located at FA-39-40, Abul Fazal Enclave-1, Jamia Nagar, New Delhi, as she was complaining of labour pain. On the same day, at about 8-8:15 PM, she gave birth to a male child through normal delivery. Post the delivery, the deceased showed signs of mild Post-Partum Haemorrhaging (PPH), due to which she was losing blood and was in distress. The Complainant further stated that at about 8:20-8:30 PM, the father of t

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