Delhi HC grants anticipatory bail to woman accused in attempt to murder case
Mar 17, 2022
New Delhi [India], March 17 : The Delhi High Court granted anticipatory bail to a woman who is an accused in an attempt to murder case. The case is related to alleged firing on a person who is accused of the murder of the husband of the woman who was granted anticipatory bail.
Justice Talwant Singh recently granted bail to Bimlesh Mann considering the fact that during the pendency of the anticipatory bail application before the trial court, the petitioner appeared before the IO and her statement was recorded.
The High Court observed, "It is clear that as of date, the only circumstance which emerges against the present petitioner is the disclosure statement of the accused. There is nothing on record even today to pinpoint the role of the petitioner in this crime.
The bench further observed that the prosecution had initially tried to link her with the other accused persons on the basis of CCTV footage but now the FSL report has come on the record which said the footage of the relevant period is missing. There cannot be a presumption in law that it is the petitioner who had switched off the camera during the relevant period.
Advocate Vijay Agarwal appearing for the petitioner had relied upon the proviso to Section 437 (1) of Cr. P. C. and had submitted that the petitioner, being a woman, deserves the benefit of this section which provided that the Court may direct that a person be released on bail if such person is under the age of 16 or a woman or is sick or infirm.
The petitioner stated that her husband Ashok Maan was brutally murdered in broad daylight on 12 February 2020. The nephew of the petitioner Harendra Maan had witnessed the entire incident and he was also injured. The police had arrested Somraj @ Dhami, Devender @ Dev and Kalu in this case registered at Police Station Kishangarh.
It was also stated that Somraj @ Dhami had secured bail in that matter. He, with a view to pressurize Harendra Maan, concocted a false story that when he was returning from Court on 18 October 2021 in his vehicle, he was allegedly accosted by unidentified men, who shot multiple rounds on his vehicle but he escaped unhurt in the incident.
Thereafter he got registered a complaint at Police Station Kishangarh on the same day implicating the nephew of the petitioner, namely Harendra Maan and his entire family including the petitioner, the order stated.
The alleged shooter was caught within 24 hours by the Special Cell of Delhi Police and an FIR in this regard was registered on 19 October 2021.
