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IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J.
Jilu Kumar @ Jiya Lal - Appellant
Versus
State (NCT Of Delhi) - Respondent
Bail Appln. 1801/2021
Decided On : 16-07-2021
Regular Bail - Matrimonial Dispute - Sections 307, 323, 34 IPC - [SUMMARY OF ACT SECTIONS]
Fact of the Case:
The petitioner seeks regular bail for offences under Sections 307, 323, 34 IPC, arising from a matrimonial dispute where the complainant's family alleges physical assault by the petitioner's family members.
Finding of the Court:
The Court finds doubt in the delayed FIR registration and the conduct of the complainant's family, leading to the grant of bail to the petitioner with specific conditions.
Issues: Delayed FIR registration, doubt in complainant's family conduct, nature of injuries, and possibility of implicating family members.
Ratio Decidendi: The delayed FIR registration and conduct of the complainant's family create doubt, leading to the grant of bail with specific conditions.
Final Decision: The petitioner is granted bail with specific conditions to ensure compliance and prevent tampering with evidence or influencing witnesses.
JUDGMENT
Subramonium Prasad, J.:--
1. This petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No.36/2021 dated 16.01.2021 registered at Police Station Okhla Industrial Area for offences under Sections 307, 323 and 34 IPC.
2. The petitioner is the brother of the father-in-law of the complainant. The allegation in the FIR is that on 15.01.2021 at about 2:30 P.M. the complainant was physically assaulted by her husband, Rohit. It is stated that the complainant informed her parents that she has been beaten by Rohit, her husband. It is stated that the mother and father of the complainant came to her house, spoke to her in-laws and went away. It is stated that after her parents left, in the evening, the complainant was once again beaten up. The complainant’s father-in-law, Lala Ram, called up her brother Deepak Kumar and asked him to take the complainant with him. It is stated that at about 8 P.M. in the evening, complainant’s brother Deepak Kumar came to her house. It is stated that the complainant narrated the whole incident to her brother that she has been beaten up by her husband and in-laws and that she wants to go back to her paternal house. It is stated that when the brother of the complainant wanted to leave with the complainant, her husband, Rohit, refused to send her with her brother, and the brother of the complainant and her husband had a fight. It is stated that, in the meantime, the petitioner and one Bhanwar, came there. It is stated that Bhanwar got a butcher's knife and gave it to the father-in-law of the complainant and asked him to kill the brother of the complainant. It is stated that on his instigation, Rohit (husband of the complainat), the petitioner herein and Bhanwar caught hold of Deepak and the father-in-law of the complainant Lala Ram inflicted injuries on Deepak with a knife. It is stated that on being assaulted, Deepak gave a call to his parents and told them to come over immediately because he has been stabbed by a knife. It is stated that after the phone call was made, the complainant’s father, mother and elder sister came to take Deepak to the hospital. It is stated that at that time the father-in-law of the complainant went inside and brought a stick and assaulted the father of the complainant and he also assaulted the complainant and her sister. It is stated that the mother-in-law of the complainant caught hold her hair and punched her stomach. It is stated that after the incident the complainant went with her parents to Batra Hospital. The father of the complainant called the police. It is further stated in the FIR that the complainant, her father and her elder sister received treatment in the hospital and her brother Deepak was shifted to Safdarjung Hospital since his condition was worsening. On the said complaint, FIR No.36/2021, dated 16.01.2021 was registered. The petitioner was arrested on 29.01.2021.
3. The petitioner filed an application for bail before the Sessions Court which was rejected by the learned Additional Sessions Judge, Saket Courts vide order dated 18.05.2021, on the basis of the nature of injuries suffered by Deepak. The petitioner has, thereafter, filed the instant petition.
4. It is pertinent to mention here that the mother-in-law of the complainant approached this Court by filing a bail application, being BAIL APPLN. 685/2021, under Section 438 Cr.P.C for grant of bail in the event of arrest in the instant FIR. This Court after hearing all the parties granted anticipatory bail to the mother-in-law of the complainant by an order dated 05.03.2021.
5. Notice was issued on 25.05.2021 and the Status Report has been filed.
6. Heard Mr. Mukesh Kalia, learned counsel appearing for the petitioner, Mr. Anil Gupta, learned counsel appearing for the complainant and Mr. Amit Chadha, learned APP appearing for the State and perused the documents.
7. Mr. Mukesh Kalia, learned counsel for the petitioner states that the petitioner is in custody since
Doubt in the delayed FIR registration and conduct of the complainant's family influenced the court's decision in granting bail to the petitioner.
A court may grant bail if doubts arise concerning the authenticity of the FIR and the possibility of false implication, especially in matrimonial disputes.
A bail application may be granted when the accused has been in custody for an extended period, all witnesses have been examined, and there is no threat of evidence tampering.
Bail can be granted when the allegations do not involve direct participation in serious crimes, and the accused demonstrates willingness to cooperate with the investigation.
Point of Law : Criminal Law - Offence of Murder - Bail Application - petitioner has spent nearly eight years in the prison, all the prosecution witnesses have been examined - Court is inclined to gra....
Petitioner is not accused of committing rape and the fact that the petitioner has joined investigation, this Court is inclined to grant bail to the petitioner.
The turning of prosecution witnesses hostile and the lack of evidence against the petitioner were key factors in granting regular bail.
Bail can be granted when the charge-sheet is filed, and conditions can be imposed to ensure the complainant's safety without unjustly detaining the accused.
The main legal point established is the careful consideration of the nature of accusations, antecedents of the accused, and the possibility of tampering with witnesses in granting anticipatory bail.
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