KAUSHAL Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) According to the prosecution the deceased was taken from his house by the co-accused Vicky and Prem Raj and as such the evidence of last seen together is against them only. The petitioner was arrested after the recovery of the dead body. Therefore, the disclosure statement made by him in regard to the place where murder was committed or the place from where the scooter of the deceased was recovered does not appear to be legally admissible evidence for the reason that the facts allegedly disclosed by the petitioner were already in the knowledge of the police. The petitioner is in custody for the last about one year.

(2.) Considering the facts and circumstances of the case and the nature of the allegations the application for bail is allowed and the petitioner is ordered to be released on bail upon his executing a personal bond in the sum of Rs. 30.000/- with one surety in the like amount to the satisfaction of the court concerned, subject to the condition that during the pendency of the case before the trial court the petitioner shall in no way contact any public witness nor try to temper with evidence.

(3.) Trial court file be sent back.