* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 6^th November, 2024 + CRL.M.C. 8658/2024 & Crl.M.As.33086-87/2024 KULDEEP SINGH .....Petitioner Through: Mr. Kartik Gupta, Advocate versus THE STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Raghuinder Verma, APP for State Mr. Kanhaiya Singhal, Mr. Ujwal Ghai, Ms. Deepali Pawar, Mr.

Prasanna and Mr. Ajay Kumar, Advocates for R-2 CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

ORDER

CHANDRA DHARI SINGH, J (Oral)

1. The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” hereinafter) [earlier Section 482 of the Code of Criminal Procedure, 1973 (“Cr.P.C.” hereinafter)] has been filed by the petitioner seeking setting aside of the order dated 24^th October, 2024 passed by the learned Additional Sessions Judge-02, West District, Tis Hazari Courts, Delhi in Sessions Case no.126/2022 arising out of FIR no.150/2021, registered at Police Station- Mundka, Delhi, for the offences punishable under Sections 498-A/304-B/406/506/34 of the Indian Penal Code, 1860 (“IPC” hereinafter), wherein, the bail granted to the petitioner Signature Not Verified Digitally Signed By:PRAVEENCRL.M.C. 8658/2024 Page 1 of 11 was cancelled and he was directed to surrender within a period of two weeks.

2. The brief facts that led to the filing of the instant case are as follows: (a) The marriage between the instant petitioner and his wife was solemnized on 3^rd November, 2014. However, his wife was allegedly subjected to domestic violence by the petitioner and his family on various instances due to the alleged demand of dowry.

(b) Being aggrieved by the aforesaid, his petitioner’s wife (“deceased” hereinafter) committed suicide on 7^th March, 2021, pursuant to which, the present FIR under Sections 498-A/304-B/406/506/34 of the IPC was registered against the petitioner and his family members.

(c) Thereafter, the petitioner was arrested on 8^th March, 2021 following which the petitioner filed a bail application bearing BAIL. APPLN. no. 1524 seeking grant of regular bail and vide order dated 8^th April, 2021, passed by the learned Additional Sessions Judge-09, West District, Tiz Hazari Courts, Delhi, (“learned Sessions Court” hereinafter) the same was allowed and the petitioner was released on bail.

(d) Subsequently, the chargesheet in the present matter was filed and two additional FIRs bearing nos. 575/2022 and 400/2024 were lodged against the petitioner on the basis of the complaint filed by the respondent no. 2, i.e., the brother of the deceased, alleging that the petitioner has been extending threats of dire consequences, thereby, violating the terms of his bail.

Signature Not Verified Digitally Signed By:PRAVEENCRL.M.C. 8658/2024 Page 2 of 11 (e) Pursuant to the aforesaid, the respondent no. 2 filed a petition bearing CRL.M.C. no. 5270/2022 before this Court challenging the bail granted to the petitioner and the same was withdrawn by the respondent no. 2 with the liberty to approach the Court concerned. The respondent no. 2 then filed an application before the Court concerned and the same was allowed vide order dated 24^th October, 2024 (“impugned order” hereinafter)

thereby, cancelling the bail granted to the petitioner.

(f) Being aggrieved of the aforesaid impugned order, the instant petition has been filed inter alia seeking setting aside of the same.

3. Learned counsel appearing on behalf of the petitioner submitted that the impugned order is liable to be set aside in view of the fact that the same is bad in law and has been passed without application of settled law.

4. It is submitted that the petitioner has not committed any crimes as alleged in the present FIR as the deceased expressed her wish to visit Gurudwara Bangla Sahib, Delhi on 7^th March, 2021 and upon her return from the Gurudwara, the deceased took her own life for reasons unknown to the petitioner.

5. It is submitted that the allegations leveled against the petitioner for threatening the father of the decea