–Report by Anjali Pandey
Without commenting further on the merits of the case, keeping the facts and circumstances in mind and the fact that the trial is likely to take some time, I am satisfied that the applicant has made out a case for a grant of regular bail. In the event of there being any FIR/DD entry/ complaint lodged against the applicant, it would be open to the State to seek redressal by way of seeking cancellation of bail. It is also made clear that the observations made in the present case are only to consider the bail application and should not influence the outcome of the trial and not be taken as an expression of opinion on the merits of the case.
FACTS:
The FIR was registered on a complaint made by the father of the deceased, Shri Sarvesh Kumar, alleging that the son of the applicant, Sonu was married to the deceased, Neha, who committed suicide on 19.09.2021, due to harassment and torture, being caused by her husband, Sonu, and his family members, including the applicant, Ram Ashre. The applicant is the father-in-law of the deceased.
Learned Counsel for the applicant submits that the accused, husband and the mother-in-law of the deceased who has been specifically named by the complainant are in judicial custody. He submits that no role has been alleged to the applicant and a vague allegation has been made that the entire family of the husband was responsible for the dowry death.
PETITIONER’S CONTENTIONS:
Learned Counsel for the applicant submits that the accused, husband and the mother-in-law of the deceased who has been specifically named by the complainant are in judicial custody. He submits that no role has been alleged to the applicant and a vague allegation has been made that the entire family of the husband was responsible for the dowry death.
He further submits that the learned Trial Court, by order dated 12.11.2021, has already granted pre-arrest bail to the brother-in-law of the deceased, specifically noting that the prime witness, Anisha, whose statement has been heavily relied upon by the prosecution, had only named the husband, Sonu, the mother-in-law, Maya Devi, and she had also specifically said in the statement that the deceased did not take anyone else’s name.
JUDGMENT:
Without commenting further on the merits of the case, keeping the facts and circumstances in mind and the fact that the trial is likely to take some time, I am satisfied that the applicant has made out a case for a grant of regular bail.
The applicant is, therefore, directed to be released on bail on furnishing a bail bond for a sum of ₹50,000/- (rupees Fifty thousand only) with two sureties of the like amount to the satisfaction of learned Trial Court / Duty Metropolitan Magistrate on the following conditions:a) He shall under no circumstance leave Delhi without informing the concerned IO / SHO.b) He shall not take adjournment and attend the Trial Court proceedings on every date.c) He shall join and cooperate in further investigation.d) The applicant shall not, in any manner, try to contact any of the witnesses.e) He shall provide his mobile number to the investigating officer (IO) concerned/SHO concerned at the time of release which shall be kept in always working conditions.
In the event of there being any FIR/DD entry/ complaint lodged against the applicant, it would be open to the State to seek redressal by way of seeking cancellation of bail.