Kusum v. the State
Case brief
What is this about?
Petitioner sought anticipatory bail in a murder case. Court noted CCTV footage indicated petitioner obstructed assailants. Interim protection was granted previously; petition allotted full bail subject to personal/surety bond and investigation cooperation.
What did the court decide?
Directed that if petitioner is arrested, she be released on bail subject to personal bond of Rs. 20,000/-, surety bond of like amount, joining investigation as directed, and not contacting complainant
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1942/2023 KUSUM ..... Petitioner
Through: Mr. Pavitra Veer Singh, Adv. Versus THE STATE ..... Respondent Through: Mr. Ritesh Kumar Bahri, APP for State with Insp. Rajesh Sinha (I.O), SHO, PS. Madhu Vihar. Mr. Mohd. Imran, Adv. along with complainant in person.
CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R % 12.02.2024
- The present petition has been filed under Section 438 Cr.P.C. read with Section 482 Cr.P.C. seeking anticipatory bail in connection with FIR No. 75/2023 under Sections 302/323/34 IPC registered at Police Station Madhu Vihar.
- The case of the prosecution is that on 10.03.2023 at about 03:00 p.m., the complainant telephoned her husband and asked about his whereabouts as heard the noise of some quarrel. She found that many people were gathered and she saw that Sharai, his brother Lucky, his sister Priyanka and his mother along with two unknown young boys were giving beatings to her husband. All the assailants had attacked her husband with lathi, dandas and had also given
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several knife blows. Later, Bharat and Priyanka also attacked the complainant due to which she also sustained injuries. This led to the registration of the aforesaid FIR.
Issues for consideration
2 issues framed by the court
Whether the petitioner is entitled to interim protection and bail given the evidence showing her obstruction of assaultors.
What bond and conditions should be imposed on the petitioner in view of her conduct during the incident.
Parties & counsel
- petitioner
Kusum
- respondent
The State
Coram
Vikas Mahajan
Case details
As recorded by the court registry
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