NASEEM @ BHURA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Petitioner seeks bail in a case registered against him under section 302 IPC. read with section 34. Allegations as appearing against the petitioner are that he was responsible for murdering of Mehmoob against whom he had suspicion of illicit relationship with his wife. Necessity arose for effecting arrest of the accused when father of the deceased had raised suspicion on the petitioner and went to the police. On this suspicion petitioner was arrested and his statement was recorded. He led the police party to the place (Ganda Nala) where he allegedly had thrown the body after committing the crime with his accomplices Ashu and Mumtaz. Counsel for the petitioner has urged that petitioner has been falsely implicated in this case as prosecution has not been able to bring any material on record indicating if such intimate relations existed between the deceased and the wife of the petitioner. He further states that no report was lodged by anyone for 3 days. However, father of the deceased made report to the police suspecting none. He had made this report on 28th March 2007. However, again on 30th April 2007, he made report to the police now suspecting the petitioner being responsible for the killing of his son because of illicit relations of wife with the deceased. In his statement he told that after about 3 to 4 days of incident he was informed by Mr. Amjad who according to the prosecution case had seen the deceased and the petitioner and his two accomplices together. Reading of the statement of Amjad clearly indicates that he had informed about their being together to the father of the deceased after 3 days of the occurrence. Yet father of the deceased kept quiet for more than 36 days. It has also come in the statement of Amjad that he had also stated before father of the deceased that petitioner's wife had illicit relations with deceased. More so Doctor had not given any opined about the cause of death of the deceased nor DNA report speaks anything if the dead body recovered from Ganda Nala was that of the deceased. This case primarily hinges on the circumstantial evidence. Accused being in custody since 30th April 2007, he is admitted to bail. The petitioner shall be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the trial court.