Nirmala Devi & Ors. v. State (NCT of Delhi) & Ors.

Delhi High Court · 25 Mar 2018 · 2019:DHC:1714
Sanjeev Sachdeva
BAIL APPLN. 1082/2018 & 1292/2018
2019:DHC:1714
criminal appeal_allowed

AI Summary

The Delhi High Court granted anticipatory bail to accused in a dowry death case based on a non-incriminating suicide note and their cooperation with investigation.

Full Text
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BAIL APPLN. 1082/2018 & 1292/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 25.03.2019
BAIL APPLN. 1082/2018
NIRMALA DEVI & ORS ..... Petitioners
versus
STATE (NCT OF DELHI) & ORS ..... Respondents
BAIL APPLN. 1292/2018
SANDEEP KUMAR ..... Petitioner
versus
STATE OF NCT OF DELHI ..... Respondent Advocates who appeared in this case:
For the Petitioner : Mr. Ranbir Yadav and Mr. P. Raj, Advs.
For the Respondent: Mr. Hirein Sharma, APP for the State with
SI Sunny Kumar
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
25.03.2019 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioners seek anticipatory bail in FIR No. 963/2015 under Sections 498-A/304-B/34 of the IPC, Police Station Mukherjee 2019:DHC:1714 Nagar, New Delhi. The petitioners are the parents-in-law as well as brother-in-law of the deceased. Learned counsel for the petitioners submits that the petitioners have been falsely implicated and a suicide note has been recovered which has exonerated the petitioners. Suicide was committed on 21.07.2015.

2. The petitioners, in Bail Appln. No. 1082/2018, were granted interim protection by order dated 10.05.2018 subject to joining investigation and the petitioner in Bail Appln. No. 1292/2018 was granted interim protection by order dated 30.05.2018 subject to joining investigation.

3. Learned Addl. PP, under instructions submits that petitioners have joined investigation as and when they were required by the Investigating Officer. Investigation is complete and chargesheet has already been filed.

4. Learned counsel for the petitioners submits that the suicide note recovered from the spot is not incriminating in so far as the petitioners are concerned and exonerates the petitioners and also does not support the case of the prosecution.

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

6. Accordingly, it is directed that in the event of arrest, the arresting officer/IO/SHO shall release the petitioners on bail on their furnishing a bail bond in the sum of Rs. 20,000/- each with one surety each of the like amount to the satisfaction of the arresting officer/Investigating Officer/SHO concerned. Petitioners shall not do anything that may prejudice either the trial or the prosecution witnesses.

7. The petitions are disposed of in the above terms.

8. Order Dasti under signatures of the Court Master.

MARCH 25, 2018 SANJEEV SACHDEVA, J ‘rs’