Allowed

Manish Lakra v. State NCT of Delhi

Delhi HC1 Aug 2024BAIL APPLN./767/2024

Case brief

AI extract

What is this about?

The Single Judge granted anticipatory bail to the brother-in-law and mother-in-law of the complainant in a matrimonial dispute. They were permitted release on personal bond and standard conditions, noting that the main accused was already on bail and the charge sheet filed.

What did the court decide?

Petitioners permitted to be released on furnishing a personal bond of Rs. 20,000/- each with one surety of like amount, subject to five standard conditions.

Manish Lakra Vs State NCT of Delhi — Matrimonial and Divorce | Delhi HC (2024)

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$~6 & 7

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 767/2024, CRL.M.A. 16830/2024 MANISH LAKRA .....Petitioner

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versus

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STATE NCT OF DELHI .....Respondent

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- BAIL APPLN. 1084/2024, CRL.M.A. 11978/2024

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DHARMO DEVI .....Petitioner

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versus

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STATE NCT OF DELHI .....Respondent

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Present: Mr.Sougat Mishra, Mr.Shreeyash U.Lalit, Mr.Himanshu Vats, Ms.Nitika Duhan and Mr.Shivam Mishra, advts. Ms.Priyanka Dalal, APP for the State. SI Karamveer, PS Mundka, Delhi. Mr.Rajesh Kr.Singh, Adv. for R-2 with R-2 in person.

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CORAM:

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HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

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O R D E R % 01.08.2024

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Present petitions have been moved for grant of anticipatory bail moved by brother-in-law (jeth) and mother-in-law of the complainant. Predominantly, it is a matrimonial dispute between the complainant and brother and son respectively of the petitioners. Learned counsel for the petitioners submits that the husband of the complainant has been granted regular bail by the learned Sessions Judge vide the detailed

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This is a digitally signed order. 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 16/10/2024 at 11:40:46

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order dated 10.07.2024. Learned counsel for the petitioner submits that the petitioners have been joining the investigation. It is further submitted that the charge sheet against the co-accused has already been filed. It has been submitted that the petitioner shall continue to join the investigation as and when directed by the IO and therefore they may be admitted to anticipatory bail.

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Learned APP has submitted that though the petitioners are joining the investigation but are not cooperating. Learned APP submits that petitioner Dharmo Devi who is the mother-in-law has admitted in the earlier settlement arrived at between the parties that the stridhan in the form of the jewellery is with her. Learned APP submits that this jewellery has not been returned by the mother-in-law. Learned APP has also submitted one of the co-accused Gaurav, the friend of Manish Lakra is also absconding and the petitioner Manish Lakra is not telling about his whereabouts.

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Learned counsel for complainant has also opposed the application on the ground that the petitioner Dharmo Devi assaulted the complainant with a dangerous weapon i.e. jely a farming equipment.

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I have considered the submissions. I have also gone through the order dated 10.7.2024 passed by the learned Sessions Judge. In the order dated 10.07.2024, the learned Sessions Judge has also observed that the gastric lavage sample of the complainant was not sent to FSL. It has been submitted on behalf of the petitioner that except this there is no other evidence to make out the offence under section 307 IPC. I consider that since the main accused i.e. Hitesh Lakra has been admitted to regular bail and the chargesheet against the remaining

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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 16/10/2024 at 11:40:46

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accused persons has been filed, it is a fit case to grant the anticipatory bail. Hence, the petitioners are permitted to be released in the event of arrest on furnishing a personal bond in the sum of Rs.20,000/- each with one surety of the like amount to the satisfaction of the IO/SHO, subject to the following conditions:

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a) the Petitioners shall appear as and when directed by the Investigating Officer/court concerned;

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b) the Petitioners shall under no circumstances leave India without prior permission of the Court concerned;

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c) the Petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;

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d) the Petitioners shall provide his mobile number to the Investigating Officer and keep it operational at all times;and

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e) In case of change of residential address and/or mobile number, the Petitioners shall intimate the same to the Investigating Officer/ Court concerned by way of an affidavit.

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It is made clear that the expression of any opinion hereinabove may not be treated as an expression on the merits of the case.

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In view of the above, the petition along with all other pending applications stand disposed of.

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DINESH KUMAR SHARMA, J

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AUGUST 1, 2024 rb/k .

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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 16/10/2024 at 11:40:46

Manish Lakra v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Manish Lakra v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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