Disposed

Manoj v. the State on NCT of Delhi & Ors.

Delhi HC11 Jul 2024BAIL APPLN./538/2023

Case brief

AI extract

What is this about?

Anticipatory bail sought by father and son in an FIR under outraging-moderesty and intimidation sections arising from matrimonial discord. Both had joined investigation and mediation failed. The court granted anticipatory bail subject to conditions.

What did the court decide?

Petitioners to be released on bail upon arrest on personal bond of Rs.25,000 each with one surety, subject to cooperation and non-interference conditions.

Manoj Vs the State on NCT of Delhi & Ors. — Dowry and Cruelty | Delhi HC (2024)

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$~4& 5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 538/2023&CRL.M.(BAIL) 255/2023 MANOJ .....Petitioner

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Through: Mr. C.M. Grover and Ms. Payal Budhiraja, Advs.

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versus

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THE STATE ON NCT OF DELHI & ORS. .....Respondents Through: Mr. Aman Usman, APP for the State with SI Shiv Dayal Kumar, PS Harsh Vihar.

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5 + BAIL APPLN. 546/2023&CRL.M.(BAIL) 257/2023 RAM PRAKASH .....Petitioner Through: Mr. C.M. Grover and Ms. Payal Budhiraja, Advs. versus THE STATE OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Aman Usman, APP for the State with SI Shiv Dayal Kumar, PS Harsh Vihar.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R 11.07.2024

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These petitions have been filed seeking anticipatory bail in FIR No.701/2022 PS Harsh Vihar, under Sections 354/354A/354B/506/509/34 IPC. This Court had granted interim protection to the petitioners subject to

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2024 at 11:40:14

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them joining and cooperating in the investigation by order dated 20^th February, 2023.

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It is stated by the counsel for the petitioner that they have consistently joined the investigation inter alia on 22^nd December, 2022 and 04^th July, 2023 and they have been bound down. The same has been confirmed by the APP for the State on instructions of the IO.

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Mediation has also been attempted before the Delhi High Court Mediation and Conciliation Centre. However, the mediation report has been given and the matter has been treated as non-starter.

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Counsel for the petitioner states that a false complaint has been lodged at the behest of the complainant on him and his father Ram Prakash. Petitioner’s marriage was solemnized with Smt. Jyoti on 05^th October, 2005 and there was matrimonial discord. Thereafter, she approached the Crime Against Women Cell. Subsequently, the matrimonial proceedings under the Hindu Marriage Act were also initiated. The complainant (counsel for Ms. Jyoti) came to the house of the petitioner on 12^th August, 2022 started negotiation for an amicable settlement; as per the petitioner the counsel/complainant made a demand for payment which was refused. Subsequently, as per the petitioner, there was a forceable entry in their house on 12^th November, 2022 by them. Thereafter, the dispute escalated. According to the petitioner, the complaint has been raised subsequently.

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As per the status report, it is confirmed that the petitioner has joined the investigation.

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In light of the above, the Court is of the considered opinion that the petitioners are entitled to anticipatory bail. Consequently, in the event of arrest,petitioners be released on bail on furnishing a personal bond in the sum

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2024 at 11:40:14

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of Rs. 25, 000/- each with one surety of the like amount subject to the satisfaction of the arresting officer/IO/SHO concerned, further subject to the condition that petitioners will join investigation as and when directed and not influence any witness/complainant/victim or tamper with evidence of the case.

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Accordingly, the petitions are disposed of. Pending applications (if any) are disposed of as infructuous.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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JULY 11, 2024/MK

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2024 at 11:40:14

Manoj v. the State on NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Manoj v. the State on NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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