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2019 Supreme(Del) 531
IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV SACHDEVA, J.
Amarjeet – Appellant
Versus
State NCT of Delhi – Respondent
Bail Application No. 2497 of 2018
Decided On : 02-05-2019
Rajeev Lochan, Hemant Sharma, Sarvesh Kumar, Meenakshi Dahiya.
The court considered the totality of facts and the likelihood of a lengthy trial in granting regular bail.
Headnote:
Dowry - Suicide of Deceased - Regular Bail
Fact of the Case:
The petitioner, brother-in-law of the deceased who committed suicide after alleged harassment and dowry demands, seeks regular bail.
Finding of the Court:
The court, without commenting on the merits of the case, granted regular bail considering the totality of facts and circumstances and the likelihood of a lengthy trial.
Issues: Alleged false implication, absence of dowry demands, and regular transfer of money to deceased's mother raised by petitioner's counsel. Bank account details and statement of local agent presented by the state.
Ratio Decidendi: The court's decision was influenced by the totality of facts, the likelihood of a lengthy trial, and the absence of comments on the merits of the case.
Final Decision: The petition for regular bail was allowed upon furnishing a bail bond.
SANJEEV SACHDEVA, J.
1. Petitioner seeks regular bail in FIR No. 180/2016 under Sections 304B/498A/34 IPC, Police Station Ranhola.
2. Petitioner is the brother-in-law of the deceased. The deceased committed suicide after three years of marriage. Petitioner was residing with the deceased and her husband in the same house.
3. Fir was registered consequent to the complaint lodged by the mother of the deceased that the deceased was being harassed and the demands for dowry were being made by her-in-laws including the petitioner.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that there was no demand for dowry and the allegations are vague. He submits that on the contrary, regularly money was being transferred by the husband of the deceased to the mother of the deceased for her subsistence so there is no question of any demand for dowry. He submits that money was transferred regularly starting from January 2014 and continued till the very last.
5. Learned APP for the State, under instructions from the Investigating Office, submits that the details of the bank accounts of the mother of the deceased have been obtained, which shows that the money was being deposited in the account of the mother of the deceased off and on from January, 2014. She submits that the money was routed through a local agent whose statement has been recorded and who has confirmed that the money was transferred at the instance of the husband of the deceased.
6. Petitioner has been in custody since 27.02.2016.
7. Without commenting on the merits of the case and keeping in view the totality of facts and circumstances of the case and also the fact that the trial is likely to take some time, I am satisfied that the petitioner has made out a case for grant of regular bail.
8. Accordingly, on petitioner furnishing a bail bond in the sum of Rs. 20,000/- with one surety of the like amount to the satisfaction of the Trial Court, the petitioner shall be released on bail, if not required in any other case. Petitioner shall not do anything which may prejudice either the trial or the prosecution witnesses.
9. Petition is allowed in the above terms.
