Santosh v. State

Delhi High Court · 08 May 2019 · 2019:DHC:2533
Sanjeev Sachdeva
BAIL APPLN. 2680/2018
2019:DHC:2533
criminal appeal_allowed

AI Summary

Anticipatory bail granted to petitioner in dowry-related death case due to lack of material implicating him in harassment or dowry demand.

Full Text
Translation output
BAIL APPLN. 2680/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 08.05.2019
BAIL APPLN. 2680/2018
SANTOSH ..... Petitioner
versus
STATE ..... Respondent Advocates who appeared in this case:
For the Petitioner : Mr. Akshay Kumar Verma, Advocate.
For the Respondent: Ms. Kusum Dhalla, APP for the State with SI
Jasmer Singh, PS Jahangir Puri.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks anticipatory bail in FIR No.255/2018 under Sections 304/498A/34, Police Station Jahangir Puri. The FIR has been registered consequent to the death of the wife of the son of the petitioner within 6 months of marriage.

2. Learned counsel for the petitioner submits that there is no allegation by any of the relations that the petitioner had ever demanded dowry or harassed the deceased on account of dowry.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated as there is no material or allegation with regard to the petitioner of making any demand of dowry or harassing the deceased. 2019:DHC:2533 BAIL APPLN. 2680/2018

4. By order dated 30.11.2018, the petitioner was granted interim protection subject to his joining investigation.

5. Learned Addl. PP submits petitioner had joined investigation and the investigation is complete and charge sheet has already been filed without arrest.

6. Without commenting on the merits of the case and keeping in view of the totality of the facts and circumstances, I am satisfied that the petitioner has made out a case for grant of anticipatory bail.

7. Accordingly, it is directed that in the event of arrest, the arresting officer/IO/SHO shall release the petitioner on bail, on petitioner furnishing a bail bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the arresting officer/Investigating Officer/SHO concerned. Petitioner shall not do anything that may prejudice either the trial or the prosecution witnesses.

8. The petition is allowed in the above terms.

9. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J MAY 08, 2019/‘rs’