Hon’ble Ravindra Singh, J.—This application (under Section 482 Cr.P.C.) has been moved by the applicant Dr. Rajesh Talwar with a prayer to quash the order dated 18.2.2011 passed by the learned Judicial Magistrate (C.B.I.) Ghaziabad in Special Case No. 01 of 2001, (New No. 130 of 2011) C.B.I. v. Dr. Rajesh Talwar and another under Sections 302/34 and 201/34 I.P.C. P.S. SCB (C.B.I.) Delhi by which bailable warrant of Rs. 20,000/- has been issued against the applicant.

2. The facts in brief of this case are that the F.I.R. of this case has been lodged by the applicant on 16.5.2008 at 7.10 a.m. at P.S. Sector-20 district Gautam Budh Nagar vide case crime No. 8970969508 in respect of the incident allegedly occurred in the night of 15/16.5.2008 at unknown time inside the house of the applicant in which Km. Arushi, aged about 14 years, the daughter of the applicant was killed, the suspected accused was Hemraj, the servant of the applicant.

3. The post-mortem examination of the deceased Km. Arushi was conducted on 16.5.2008 at 12 O’ Clock Noon. According to the post-mortem examination report, she had sustained four ante-mortem injuries in which injury Nos. 1 and 3 were lacerated wounds and injury Nos. 2 and 4 were incised wounds, the cause of death was shock due to Hypovolemia. The viscera was preserved and sent for examination to R/O poisoning. Thereafter, on 17.5.2008 the dead body of the suspected accused Hemraj, servant of the applicant, was also recovered, his post-mortem examination was conducted on 12.5.2008 at 9.00 p.m. According to the post-mortem examination report, he had sustained 7 ante-mortem injuries in which injury No. 1 was abrasion, injury Nos. 2,4,5 were abraded contusions, the injury No. 3 was incised wound, and injuries Nos. 6 and 7 were lacerated wounds, the cause of death was ‘shock due to Hypovolemia caused by ante-mortem injuries’. The viscera was preserved. After lodging of the aforesaid F.I.R. investigation was entrusted to the local police, subsequently, vide notification No. 1973-VI-G-3-2008-15(48) P./2008 Lucknow dated 29.5.2008, the investigation was transferred to C.B.I. by the State Government of U.P., pursuant to that notification dated 19.5.2008, the matter was taken up by the C.B.I. and again F.I.R. was registered as case crime No. 695 of 2008-R.C.-1(S)2008/S.C.R.-III/C.B.I. New Delhi and has been investigated by the C.B.I. The applicant was arrested on 23.5.2008 by the local police, he was produced in the Court of learned magistrate concerned on 24.5.2008. On 25.5.2008, he was remanded to the police custody for 3 days, which was extended till 30.5.2008. Thereafter, the applicant was sent to judicial custody on 30.5.2008. The judicial remand was extended from time to time on the request of the investigating officer of the C.B.I.

4. During the pendency of the judicial custody, applicant moved a bail application, the same was rejected by the Special Judicial Magistrate (CBI) on 10.6.2008 after considering the merits of the case. Thereafter, the I.O. of the C.B.I. filed an application dated 11.7.2008 under Sections 169 Cr.P.C. mentioning therein that the applicant was arrested on 23.5.2008 subsequently, following expiry of his police remand, he was remand to judicial custody up to 11.7.2008 vide order dated 2.7.2008. The investigation of this case is still pending and all the facts and circumstances are being investigated,the role of the applicant was thoroughly investigated regarding the aforesaid crime, during investigation poly report test, phychological analysis test of the applicant was conducted and no deception have been found in the test reports. Clothes shoes, and finger palm/foot print of the applicant were forwarded/submitted to C.F.S.L. New Delhi for examination of expert opinion, the Scientific examination result could not connect the applicant Rajesh Talwar will the crime, in view of the above circumstances further judicial custody of accused Rajesh Talwar, is not required in the