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6# & 7# HIGH COURT OF DELHI
BAIL APPLN. 623/2013
GOPAL DUTT
Through:
BAIL APPLN. 623/2013
GOPAL DUTT
Through:
VERSUS
STATE OF NCT OF DELHI
Through;
Petitioner Mr. Ajay Jain, Ms. Niti Jain and Mr. Ravi Shankar Garg, Advocates.
Respondent Mr. Manoj Ohri, APP for the State with SI Kundan Lai, PS Bhalswa
Dairy.
Through;
Petitioner Mr. Ajay Jain, Ms. Niti Jain and Mr. Ravi Shankar Garg, Advocates.
Respondent Mr. Manoj Ohri, APP for the State with SI Kundan Lai, PS Bhalswa
Dairy.
AND
BAIL APPLN. 624/2013
MAHESH CHAND ALIAS MANOJ Petitioner
Through: Mr. Ajay Jain, Ms. Niti Jain and Mr. Ravi Shankar Garg, Advocates.
MAHESH CHAND ALIAS MANOJ Petitioner
Through: Mr. Ajay Jain, Ms. Niti Jain and Mr. Ravi Shankar Garg, Advocates.
VERSUS
STATE OF NCT OF DELHI Respondent
Through: Mr. Manoj Ohri, APP for the State with SI Kundan Lai, PS Bhalswa
Dairy.
Through: Mr. Manoj Ohri, APP for the State with SI Kundan Lai, PS Bhalswa
Dairy.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
20.05.2013 By the present petition the Petitioners, who are the brothers in law of the deceased, seek bail in case FIR No. 69/2013 under Sections
304B/498A/34 IPC registered at PS Bhalsw'a Dairy, Delhi.
Learned counsel for the Petitioners submits that the Petitioners are
20.05.2013 By the present petition the Petitioners, who are the brothers in law of the deceased, seek bail in case FIR No. 69/2013 under Sections
304B/498A/34 IPC registered at PS Bhalsw'a Dairy, Delhi.
Learned counsel for the Petitioners submits that the Petitioners are
BAIL APPLN. 623/2013 & 624/2013 Page 1 of3
2013:DHC:6874 students, aged 20 years and 19 years respectively and were livingseparately from the deceased. There are no allegations of harassment in relation to the dowry soon before death against the Petitioners.
Learned APP for the State on the other hand has taken me through the
FIR. He states that the allegations in the FIR clearly show that the
Petitioners were equally involved in beating the deceased besides her husband, father-in-law and mother-in-law.
I have heard learned counsel for the parties.
The abovementioned FIR was registered on the complainant of Girish
Chand Pandey, father of Manju. He stated that he had marriedhis daughter on 6'*^ June, 2010 and gave dowry as per his status. He gave one motorcycle , sofa, five tolas gold and Rs. 20,000/- cash. After three months of marriage his daughter was tortured for dowry and demand of Nano car was made. It is further alleged that the husband, father-in-law, mother-in-law and brothers in law, that is the Petitioners herein, used to beat his daughter. As per the
FIR in June, 2011 his daughter and son-in-law were thrown out of the matrimonial house and they started living on rent in Kasiram Nagar, Moradabad. Thereafter in August, 2011 his son-in-law informed him on telephone that his father hadgiven a plot of 25 sq. Yards for constructing the house and that he should get the house constructed on the said plot.
Accordingly the Complainant took a loan of Rs. 2 lakhs so that the house could be constructed and since October, 2011 his daughter and son-in-law were living in the said house.
It is thus apparent that the deceased was living in the matrimonial home till June, 2011. Further besides the allegations that initially there was a
2013:DHC:6874 students, aged 20 years and 19 years respectively and were livingseparately from the deceased. There are no allegations of harassment in relation to the dowry soon before death against the Petitioners.
Learned APP for the State on the other hand has taken me through the
FIR. He states that the allegations in the FIR clearly show that the
Petitioners were equally involved in beating the deceased besides her husband, father-in-law and mother-in-law.
I have heard learned counsel for the parties.
The abovementioned FIR was registered on the complainant of Girish
Chand Pandey, father of Manju. He stated that he had marriedhis daughter on 6'*^ June, 2010 and gave dowry as per his status. He gave one motorcycle , sofa, five tolas gold and Rs. 20,000/- cash. After three months of marriage his daughter was tortured for dowry and demand of Nano car was made. It is further alleged that the husband, father-in-law, mother-in-law and brothers in law, that is the Petitioners herein, used to beat his daughter. As per the
FIR in June, 2011 his daughter and son-in-law were thrown out of the matrimonial house and they started living on rent in Kasiram Nagar, Moradabad. Thereafter in August, 2011 his son-in-law informed him on telephone that his father hadgiven a plot of 25 sq. Yards for constructing the house and that he should get the house constructed on the said plot.
Accordingly the Complainant took a loan of Rs. 2 lakhs so that the house could be constructed and since October, 2011 his daughter and son-in-law were living in the said house.
It is thus apparent that the deceased was living in the matrimonial home till June, 2011. Further besides the allegations that initially there was a
BAILAPPLN. 623/2013 & 624/2013
! demand of dowry and everyone used to beat the deceased which includes the
Petitioners, there is no other specific allegation against the Petitioners. The investigation is complete. The charge sheet has already been filed. The
Petitioners are students, aged about 20 years and 19 years respectively.
Thus, I deem it fit to grant bail to the Petitioners. It is, therefore, directed that the Petitioners be released on bail on their furnishing personal bond in the sum of Rs. 25,000/- each with one surety each of the like amount, subject to the satisfaction ofthe learned Trial Court.
Petitions are disposed of
Order dasti.
MUKTA GUPTA, J.
MAY 20, 2013 'vn'
! demand of dowry and everyone used to beat the deceased which includes the
Petitioners, there is no other specific allegation against the Petitioners. The investigation is complete. The charge sheet has already been filed. The
Petitioners are students, aged about 20 years and 19 years respectively.
Thus, I deem it fit to grant bail to the Petitioners. It is, therefore, directed that the Petitioners be released on bail on their furnishing personal bond in the sum of Rs. 25,000/- each with one surety each of the like amount, subject to the satisfaction ofthe learned Trial Court.
Petitions are disposed of
Order dasti.
MUKTA GUPTA, J.
MAY 20, 2013 'vn'
BAIL APPLN. 623/2013 & 624/2013 Page 3 of3
JUDGMENT