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M" !- HIGH COURT OF DELHI
BAIL APPLN.745/2018
PANKAJ BALOTIA Petitioner
Through Mr.Ramesh Gupta,Sr.Adv with Mr.ArpitBhargava,Ms.Hina
Bhargava,Mr.VarunTalawar& Mr. Ajay Tushir,Advs
BAIL APPLN.745/2018
PANKAJ BALOTIA Petitioner
Through Mr.Ramesh Gupta,Sr.Adv with Mr.ArpitBhargava,Ms.Hina
Bhargava,Mr.VarunTalawar& Mr. Ajay Tushir,Advs
VERSUS
STATE OF NOT OF DELHI Respondent
Through Ms.Neelam Sharma,APP for State Insp Attar s ingh,PS Rajouri Garden
Through Ms.Neelam Sharma,APP for State Insp Attar s ingh,PS Rajouri Garden
BAIL APPLN.747/2018, DEVTA BALOTIA Petitioner
Through Dr.VikrantNarayan Vasudeva,Adv
Through Dr.VikrantNarayan Vasudeva,Adv
VERSUS
STATE OF NOT OF DELHI Respondent
Through Ms.Neelam Sharma,APP for State Insp Attar Singh,PS Rajouri Garden
Through Ms.Neelam Sharma,APP for State Insp Attar Singh,PS Rajouri Garden
CORAM:
HON'BLE MR.JUSTICE A.K.PATHAK
01.11.2018 Learned senior counsel for petitioners submits that petitioner
Pankaj Balotia is the husband and petitioner Prem Balotia is the
2018:DHC:8461 Hindu rites and ceremonies on 11^*^ March,2011.Deceased committed suicideon4^^January,2017.Thereareno allegationsofdowrydemand in the FIR. As per the FIR, petitioner Pankaj had suffered losses.
Pankaj Balotia sold jewellery of the deceased in order to start new business. Petitioner Devta Balotia sold the fridge ofthe deceased. A quarreltook place between Devta Balotia and the deceased whereafter the deceased locked herselfin a room and committed suicide.
Learned APP, who is assisted by learned counsel for the complainant,contends thatthe FIR was registered on the complaint of
Hem Raj who is biologicalfather ofdeceased. However,the deceased wasadopted by MotiLaiand hehad broughtherup and gother married with the petitioner Pankaj.In his complaint,Moti Lai has alleged that after marriage, deceased was treated with cruelty by the petitioners; there were dowry demands and at times demand for car were also made. The deceased was tortured by the petitioners on daily basis.
Whatever dowry articles were given to the deceased,were sold by the petitioners.MotiLai also stated in the complaintthat Jyoti(elder sister of the deceased) received a missed call from petitioner Pankaj and whenshe called him back,she wastold""turn aajraatiselejao nahin to ye nahin hachegi". On the next day,deceased wasfound dead.
Learned senior counsel submits that marriage ofdeceased was performed by Hemraj and there is no proofofher having been adopted by MotiLai. Even otherwise,MotiLaifiled complaintafter about 114 year ofthe incident. Statenient ofJyoti under section 161 Cr.P.C. was demand by the petitioners.
I have perused the FIR, complaint filed by Moti Lai and statementofJyotidated 2"^*March,2017. Keepingin mindthetotality ofthe facts and circumstances ofthis case,it is ordered that in case of arrest petitioners Pankaj Balotia and/ or Devta Balotia, be released on bail, subject to each ofthem furnishing a personal bond in the sum of
^25,000/- with one surety each in the like amountto the satisfaction of
Arresting Officer/Investigating Officer/SHO of the concerned police station.
Bail applications are disposed ofin the above terms.Dasti.
'ATHAK,J NOVEMBER 01,2018 sm
01.11.2018 Learned senior counsel for petitioners submits that petitioner
Pankaj Balotia is the husband and petitioner Prem Balotia is the
2018:DHC:8461 Hindu rites and ceremonies on 11^*^ March,2011.Deceased committed suicideon4^^January,2017.Thereareno allegationsofdowrydemand in the FIR. As per the FIR, petitioner Pankaj had suffered losses.
Pankaj Balotia sold jewellery of the deceased in order to start new business. Petitioner Devta Balotia sold the fridge ofthe deceased. A quarreltook place between Devta Balotia and the deceased whereafter the deceased locked herselfin a room and committed suicide.
Learned APP, who is assisted by learned counsel for the complainant,contends thatthe FIR was registered on the complaint of
Hem Raj who is biologicalfather ofdeceased. However,the deceased wasadopted by MotiLaiand hehad broughtherup and gother married with the petitioner Pankaj.In his complaint,Moti Lai has alleged that after marriage, deceased was treated with cruelty by the petitioners; there were dowry demands and at times demand for car were also made. The deceased was tortured by the petitioners on daily basis.
Whatever dowry articles were given to the deceased,were sold by the petitioners.MotiLai also stated in the complaintthat Jyoti(elder sister of the deceased) received a missed call from petitioner Pankaj and whenshe called him back,she wastold""turn aajraatiselejao nahin to ye nahin hachegi". On the next day,deceased wasfound dead.
Learned senior counsel submits that marriage ofdeceased was performed by Hemraj and there is no proofofher having been adopted by MotiLai. Even otherwise,MotiLaifiled complaintafter about 114 year ofthe incident. Statenient ofJyoti under section 161 Cr.P.C. was demand by the petitioners.
I have perused the FIR, complaint filed by Moti Lai and statementofJyotidated 2"^*March,2017. Keepingin mindthetotality ofthe facts and circumstances ofthis case,it is ordered that in case of arrest petitioners Pankaj Balotia and/ or Devta Balotia, be released on bail, subject to each ofthem furnishing a personal bond in the sum of
^25,000/- with one surety each in the like amountto the satisfaction of
Arresting Officer/Investigating Officer/SHO of the concerned police station.
Bail applications are disposed ofin the above terms.Dasti.
'ATHAK,J NOVEMBER 01,2018 sm
JUDGMENT