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2021 (11) TMI 1141

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..... ormed her marriage with Sanjeev Khanna on 29/03/1993 and daughter Vidhi was born out of the said wedlock. It appears that the prosecution has taken enough precaution and provided best of the medical facilities to the applicant. In the wake of the observations made by the Trial Court in its order, there is hardly any convincing reason which warrants her release on medical grounds. Apart from above, this Court is in complete agreement with the reasons furnished by the Court below while rejecting the bail on merits. The material in the form of circumstantial evidence very much connects the direct involvement of the applicant in the crime. The trial court while dealing with the claim of the applicant on merits vide order dated 05/08/2020 .....

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..... such there is hardly any material to infer the likelihood of her getting convicted. That being so she deserves to be released on bail. (D) It is claimed that applicant, an ailing female deserves her release on a regular bail as she has deep roots in the society and is available for facing the prosecution. 4] Learned counsel for the CBI would oppose the prayer. It is claimed that applicant is prime accused in the commission of crime and there is enough material to infer prima-facie involvement of the applicant in the crime in question. Learned counsel would invite attention of this court to the material on record to prompt this court to infer that applicant does not deserve discretionary relief in her favour. 5] Considered submissi .....

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..... e is likely to take some time cannot be a ground for release in present case particularly considering the fact that nature of offence alleged to have been committed by the applicant prompts the defence to examine such number of witnesses to prove the guilt of the applicant accused. Even otherwise during pandemic for last about more than one year the trial got delayed for which the cause cannot be attributed to the prosecution side. There is enough material on record to infer prima facie involvement of the applicant in the crime. The trial, I am informed, is proceeding on day-to-day basis. 9] I have perused various orders passed by the Trial Court while rejecting the prayer of the applicant for her release on merits as also on medical gro .....

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