Rohit Bagga Vs. State (Govt. of Nct) - Court Judgment

Excerpt:
criminal procedure code, 1973 - section 439--bail--accused under section 406 and 498-a of penal code, 1860 suffering from epilepsy--investigation being complete and accused being not required, bail granted. - - 20,000/- with one surety of the like amount to the satisfaction of the investigating officer/trial court.cyriac joseph, j.1. this petition has been filed under section 439 of the criminal procedure code for grant of bail to the petitioner who is an accused in fir no. 237/99 registered at police station delhi cantt, under sections 406/498a of the indian penal code. the petitioner is in judicial custody from 11th august, 1999. i heard the learned counsel for the petitioner and also the learned public prosecutor.2. the petitioner is the husband of the complainant smt. gagandeep. he is stated to be a patient of epilepsy. it is stated that he gets fits in the odd hours. the petitioner has produced annexure-c, medical certificate to show that he is suffering from epilepsy. the investigation in the case has been completed and the petitioner is no more required in judicial custody for the purpose of investigation. there is no reason or circumstance to have a reasonable apprehension that the petitioner will flee from justice or tamper with evidence if he is released on bail.3. in these circumstances i am inclined to grant bail to the petitioner. hence it is directed that the petitioner may be released on bail on furnishing a personal bond in the sum of rs. 20,000/- with one surety of the like amount to the satisfaction of the investigating officer/trial court.4. the petition stands disposed of in the above terms. 5. copy of the order be given dasti.