Delhi High Court
Vishal Arora vs The State (Government Of Nct) ... on 19 April, 2010
Author: S.N. Aggarwal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Bail Application No. 53/2010
% Date of Decision: 19th April, 2010
# VISHAL ARORA .....PETITIONER
! Through: Mr. Anand Maheshwari, Advocate.
VERSUS
$ THE STATE (GOVT. OF NCT) DELHI .....RESPONDENT
^ Through: Mr. Jaideep Malik, Additional Public
Prosecutor, for the State along with
SI Jaivir Singh.
Complainant with her counsel
Mr. R.K. Singh.
CORAM:
Hon'ble MR. JUSTICE S.N. AGGARWAL
1. Whether reporters of Local paper may be allowed to see the
judgment?
2. To be referred to the reporter or not?
3. Whether the judgment should be reported in the Digest?
S.N.AGGARWAL, J (ORAL)
The petitioner is the husband and he seeks his anticipatory bail in a
criminal case against him under Sections 406/498-A/341/354/506 IPC
vide FIR No. 390/2008, Police Station Ashok Vihar.
2. Mr. Jaideep Malik, learned Additional Public Prosecutor, is present
on behalf of the State and the complainant along with her counsel Mr.R.K.
Singh is also present.
3. Arguments on this bail application have been heard.
4. The anticipatory bail prayed for by the petitioner is opposed by the
learned Additional Public Prosecutor on the ground that the petitioner has
not returned the dowry and jewellery of the complainant so far. Mr.Malik,
learned Additional Public Prosecutor appearing on behalf of the State, has
also opposed this bail application on the ground that the petitioner had
given beatings to the complainant in the incident that took place in his
house in September 2008 and the complainant had suffered injuries,
which are supported by the MLC. On being asked, the learned Additional
Public Prosecutor, says that the injuries suffered by the complainant are
opined to be simple in nature.
5. Mr. Anand Maheshwari, learned counsel appearing on behalf of the
petitioner, contends that the petitioner has been falsely roped in the
present case only on account of matrimonial dispute between him and
his wife. According to the learned counsel appearing on behalf of the
petitioner, there is absolutely no truth in the accusations made by the
complainant in the FIR in question.
6. This Court would not like to express any opinion on the merits of
the accusations made by the complainant in the FIR. The complainant is
present in Court and I have discussed the matter with her to bring about
an amicable settlement between the parties, either to live together or
settle the dispute by accepting one time settlement. The complainant
says that she has two children, one is aged 3 years and a 10 years old
daughter, who are both presently living with her. The complainant says
that she wants to live with her husband and is interested in saving her
marriage. Mr. Anand Maheshwari, learned counsel appearing on behalf of
the petitioner, submits that his client is also open for an amicable
settlement and will make his best efforts to see that the parties may re-
unite, if possible, if not in their own interest but in the interest of their
children. This Court hopes and expect that the efforts for settlement
between the parties should succeed one day.
7. In the facts and circumstances of the case stated above, this Court
is of the opinion that in case, the petitioner husband is denied bail and is
sent to jail, then it will close all possibilities of parties living together as
husband and wife. In fact, if for some reason settlement between the
parties for living together does not materialise and in that event if the
petitioner has committed any criminal act during subsistence of his
marriage with the complainant, he is bound to be punished in accordance
with law, if the charges against him are proved. It is a fundamental
principle of criminal jurisprudence that every accused person is
presumed to be innocent unless the guilt is proved against him in a
regular trial.
8 In my opinion, the petitioner cannot be denied bail on the ground
that dowry and jewellery of the complainant has not been returned so far.
The learned counsel appearing on behalf of the petitioner has taken a
stand that the entire dowry and jewellery has already been returned to
her. There seems to be a dispute between the parties on this aspect. If
her dowry and jewellery is not returned, then she may take proper
proceedings before the competent Court for return of dowry and
jewellery as per law.
9 It is expected that both the parties shall make efforts to re-unite so
that marriage between them may be saved at least in the interest of their
two children, who are living with their mother, being the complainant.
10 The petitioner is stated to a permanent resident of Delhi and is
stated to have clean antecedents. There is no apprehension of his
fleeing from justice.
11 In the facts and circumstances of the case stated above, it is
ordered that the petitioner may be released on bail in the event of his
arrest on his furnishing bail bonds in the sum of Rs.20,000/- with one
surety in the like amount to the satisfaction of the arresting officer. The
petitioner is directed that he shall participate in the investigation as and
when called by the Investigating Officer. In the event the petitioner fails
to participate in the investigation, then the State will be at liberty to
apply for cancellation of his bail.
APRIL 19, 2010 S.N.AGGARWAL, J
'BSR'
