BAIL APPLN.--1006/2019. Case: Kamal Kishore @ Lalaji Vs. The State of Delhi. High Court of Delhi (India)
| Case Number | BAIL APPLN.--1006/2019 |
| Citation | NA |
| Judgement Date | October 11, 2019 |
| Court | High Court of Delhi (India) |
* IN THE HIGH COURT OF DELHI AT NEW DELHI Order reserved on: 13.09.2019
% Order delivered on: 11.10.2019 + BAIL APPLN. 1006/2019
Kamal Kishore @ Lalaji ..... Petitioner
Through: Mr. M. N. Dudeja, Mr. Neeraj
Bhardwaj and Mr. Aditya Mishra, Advs.
versus
THE STATE OF DELHI ..... Respondent
Through:
Ms. Neelam Sharma, APP for State with SI Ravi Kumar, from P.S. Karawal Nagar.
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
O R D E R %
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This is a bail application moved on behalf of petitioner Kamal Kishore @ Lalaji filed under section 439 Cr.P.C. for grant of regular bail in FIR No. 162/2012, u/s. 302/201/34 IPC PS Karawal Nagar.
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It is submitted by learned counsel for the petitioner that applicant/ accused is an old man aged 75 years who is in Judicial custody since 19.05.12 i.e. for a period of more than six years and is a disabled person suffering from several serious medical ailments like Asthama and 40% of his left body is paralyzed due to post burn contractions. He further submits that Trial Court failed to give due consideration to the above facts while dealing with the bail
application. It is further submitted that all material witnesses have been examined and no useful purpose will be served by keeping the petitioner in Judicial Custody.
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Ld. Counsel further submits that the case is based on eyewitness accounts of witnesses namely Lata Saini (wife of the deceased) PW-11, Karan PW-12 and Sonu PW-17. He submits that all these PW’s are planted witnesses and their statements are not at all reliable which can be demonstrated from the records itself. It is further submitted that their statements are highly belated as statement of Smt. Lata Saini, PW-11 was recorded 48 hours after the incident on 19.05.2013, statement of Sonu, PW-17, was recorded on
05.07.2012 i.e. after 50 days of the alleged incident and statement of Karan PW-12 was recorded on 28.05.2012 i.e. 10 days after the alleged incident.
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It is next submitted by Ld. Counsel that it is alleged that the deceased was stabbed by Gagandeep on the torso and left arm, however, no weapon has been recovered by the police during investigation. Moreover, there is no public witness though the alleged incident of stabbing has taken place during evening hours on
17.05.12 at a thickly populated area of Karawal Nagar, East Delhi.
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Ld. Counsel has further argued that allegations of stabbing the deceased are false and baseless as the deceased and his companions were the actual aggressors who had...
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