-Report by Sanya Luthra
The case Nadeem Chaudhary vs State of NCT Of Delhi was filed by the applicant for the application of regular bail as the complaint was registered against the applicant and his for the domestic violence and the trial had to take considerable time and therefore, he requested for bail as he couldn’t spend his entire time in custody.
The complaint was filed by Shri Sagir Ahmed, alleging that the appellant who was the husband of his daughter had harassed her and also beaten her due to which she died and it was said that before marriage also the appellant and his family were asking for dowry and after the marriage, their daughter was beaten, harassed on a regular basis because she didn’t bring the dowry as expected by the family and when the deceased once complained to her family about this her phone was broken by the appellant and also it was doubtful that the deceased has committed suicide or not because no evidence was found for same.
The learned counsel submits that the allegations were made against the entire family and the father has already been granted bail but the applicant has not and the allegations were vague and no demand was made before her death of the dowry which is one of the essential, also it was submitted that the petitioner has been in custody since 2020 and there are no chances that he will not cooperate in the pending trial and also it is of no use to believe that the petitioner would remove any evidence at this stage.
Learned counsel for the petitioner has opposed the bail application as it submits that the applicant and another accused have admitted to their involvement in the crime and also states that the deceased was brutally tortured by the applicant also was beaten when she informed her mother about the applicant’s extramarital affair.
It was held by the hon’ble court that the trial would take considerable time and the accused was in custody already for 2 years no one can be deprived of his personal liberty and it can be assumed that the accused will cooperate in further trial and won’t remove any evidence and hence, regular bail could be granted with the penalty and some terms and conditions.
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