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Raju Gupta Vs. State

Raju Gupta vs State

Type Court Judgment Court Delhi Decided Dec 11, 2003
~1 min read
https://sooperkanoon.com/case/705177

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Citation
Court
Delhi High Court
Judge
Decided On
Case Number
Criminal Misc. (M) No. 4119/2003 and Crl. M. 6666/2003
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code, 1973 - Section 439--Bail--FIR under sections 498-A/304B, IPC--Petitioner is brother-in-law of the deceased and was living in Uttar Pradesh--Deceased died while she was living with her husband in Delhi--APP for the State does not contest these facts--Bail granted. - LABOUR & SERVICES Disabil...

Key legal issue
Criminal
Acts & sections
Code of Criminal Procedure (CrPC) , 1973 - Sections 439, 498-A and 304B

Parties & Advocates

Appellant / Petitioner

Raju Gupta

Advocate S.S. Haider, Adv

Respondent

State

Advocate Pawan Sharma, Adv.

Legal References

Acts
Code of Criminal Procedure (CrPC) , 1973 - Sections 439, 498-A and 304B
Reported In
2004(72)DRJ201

Excerpt

.....code, 1973 - section 439--bail--fir under sections 498-a/304b, ipc--petitioner is brother-in-law of the deceased and was living in uttar pradesh--deceased died while she was living with her husband in delhi--app for the state does not contest these facts--bail granted. - labour & services disability pension: [vikramajit sen, sanjiv khanna & s.l.bhayana,jj] army act (46 of 1950), section 192 & pension regulations for the army (1961), regulation. 173 claimant was on casual leave sustained injury which contributed to invalidation for military service claim for disability pension held, to claim disability pension by military personnel it requires to be established that the injury or fatality suffered by the concerned claimant bears a causal connection with military service. secondly, if this obligation exists so far as discharge from the armed force on the opinion of a medical board the obligation and responsibility a fortiori exists so far as injuries and fatalities suffered during casual leave are concerned. thirdly, as a natural corollary it is irrelevant whether the concerned personnel was on causal or annual leave at the time or at the place when and where the incident transpired. this is so because it is the causal connection which alone is relevant. fourthly, since travel to and fro the place of posting may not appear to everyone as an incident of military service, a specific provision has been incorporated in the pension regulations to bring such travel within the entitlement for disability pension if an injury is sustained in this duration. fifthly, it cannot be said that each and every injury sustained while availing of casual leave would entitle the victim to claim disability pension. sixthly, provisions treating casual leave as on duty would be relevant for deciding questions pertaining to pay or to the right of the authorities to curtail or cancel the leave. lastly, injury or death resulting from an activity not connected with military service would.....s.k. agarwal, j.1. by this petition under section 439, cr.p.c. petitioner is seeking bail in case fir no. 114/2001 under section 498-a/304b, ipc, p.s. ambedkar nagar.2. learned counsel for the petitioner submits that petitioner is the brother-in-law (devar) of the deceased and was, admittedly, living in hardoi, uttar pradesh. the deceased died while she was living with her husband in delhi. learned app for the state does not contest these facts.3. in the facts and circumstances of the case, the petition is allowed and petitioner is ordered to be released on bail on his furnishing personal bond in the sum of rs. 15,000/- with one surety in the like amount to the satisfaction of the trial court,4. petition stands disposed of. order dusty.

Full Judgment

S.K. Agarwal, J.

1. By this petition under Section 439, Cr.P.C. petitioner is seeking bail in case FIR No. 114/2001 under Section 498-A/304B, IPC, P.S. Ambedkar Nagar.

2. Learned counsel for the petitioner submits that petitioner is the brother-in-law (devar) of the deceased and was, admittedly, living in Hardoi, Uttar Pradesh. The deceased died while she was living with her husband in Delhi. Learned APP for the State does not contest these facts.

3. In the facts and circumstances of the case, the petition is allowed and petitioner is ordered to be released on bail on his furnishing personal bond in the sum of Rs. 15,000/- with one surety in the like amount to the satisfaction of the trial court,

4. Petition stands disposed of. Order dusty.

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