HIGH COURT OF DELHI AT NEW DELHI + BAIL…
Released on personal bond with surety and conditions regarding mobile number and non-influence of witnesses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~19.
..... Petitioner
Through: Mr. Pulkit Dandona, Advocate
versus
THE STATE (NCT OF DELHI)
..... Respondent
Through: Mr. Rajat Katyal, APP
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI
%
O R D E R 02.12.2016
The petitioner has preferred the present regular bail under Section 439 Cr.P.C. to seek bail in case FIR No. 165/2016 registered under Sections 498A/304B/34 IPC at police station Karawal Nagar. The petitioner is the husband of the deceased.
The first submission of learned counsel for the petitioner is that the deceased committed suicide on 05.04.2016. She eventually expired on 17.04.2016. The FIR was registered on the basis of the belated complaint made by the mother of the deceased on 23.04.2016. He submits that during the four years of marriage of the petitioner and the deceased, there was never any allegation of demand for dowry. Counsel for the petitioner has also placed reliance on the statements given by the father of the deceased,
firstly, on 06.04.2016 and, subsequently on 07.04.2016 wherein no allegation of demand for dowry or harassment soon before the commission of suicide were made against the petitioner.
The charge-sheet already stands filed. The charges have been framed. It appears that the evidence of the father of deceased is being recorded as stated by the learned counsel for the petitioner.
In these circumstances, in my view, there is no need for continued custody of the petitioner. The petitioner is, therefore, directed to be released on bail upon his furnishing personal bond in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the trial court. This is further subject to the condition that at the time of his release, he shall provide his mobile number which shall not be changed without prior intimation to the court and shall be kept in working condition at all the times. He shall not seek to influence any of the prosecution witnesses or threaten them in any manner.
The bail application stands disposed of.
Dasti.
VIPIN SANGHI, J
DECEMBER 02, 2016 sl
2 issues framed by the court
Whether the petitioner should be granted regular bail in a case concerning sexual offences committed against woman by her husband or relative.
Whether the language of the judgment is sufficient to support a headnote.
1 provisions across 1 enactments
BRIJ BHUSHAN
THE STATE (NCT OF DELHI)
VIPIN SANGHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
