High CourtsSingle Bench(2018) 05 DEL CK 0130

MAHENDER SINGH vs THE STATE (GOVT. OF NCT OF DELHI)

Delhi High Court · Decided on 11 May 2018

HON’BLE JUDGES
SANJEEV SACHDEVA
RESULT
Disposed Of
CASE NUMBER
BAIL APPLN. 922 of 2018

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

23 paragraphs · 456 words

1.Petitioner seeks regular bail in FIR No.830/2016 under Sections 304B/498A/34 IPC, Police Station Aman Vihar. It is submitted that the petitioner

has incarcerated since 10.08.2016 and several witnesses are yet to be examined.

2.The allegations in the FIR are that the daughter of the complainant committed suicide. It is alleged that the petitioner along with the other co-

accused harassed daughter of the complainant and made demands of dowry, consequent to which she committed suicide.

3.Learned counsel for the petitioner submits that the petitioner has been falsely implicated as none of the witnesses have stated that any demand of

dowry was made directly to them. The allegation in the FIR made by the mother is that she was told of demand of dowry by her daughter. It is

further submitted that this has not been corroborated and these are mere allegations.

4.Further, it is submitted that the allegation of the witnesses is that there was an alleged affair of the petitioner in his office, which is alleged to have

been discovered by the deceased immediately prior to the day, she committed suicide. In the testimony of the mother recorded before the Trial

Court, she has deposed that she was told by her daughter that she had visited the office of the petitioner and confronted him as well as one female

friend, which led to an altercation and subsequently, on the very next day, she committed suicide.

5.Learned counsel for the petitioner submits that it has come out in the testimony of the witnesses that the money, which is alleged to have been

transferred to the account of the petitioner by the father of the deceased was not towards dowry but because the daughter did not have any bank

account. In one instance, it was for her treatment when she was admitted in Hospital.

6.Learned counsel for the petitioner further submits that the said averment is false, however, even if, the same were assumed to be correct,

ingredients of Section 304B are not satisfied

7.Without commenting on the merits of the case, perusal of the record shows that the petitioner has made out a case for grant of bail.

8.In view of the above, the petitioner is granted bail, subject to petitioner furnishing a personal bond in the sum of Rs.50,000/- with one surety of like

amount to the satisfaction of the Trial Court.

9.Further, it is directed that the petitioner shall not do anything, which may either prejudice the trial or the prosecution witnesses. The petitioner shall

not leave the country without the permission of the Trial Court. The petitioner shall not contact the complainant or her family members.

10.The Petition is disposed of in the above terms.Â

11.Order Dasti under signatures of the Court Master.