Gopal Gupta vs The State (Nct Of Delhi)
2010 Latest Caselaw 2047 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI


+                     Bail Application No. 542/2010


%                   Date of Decision: 19th April, 2010


#     GOPAL GUPTA                                             .....PETITIONER

!                   Through:    Mr. Rahul Malik, Advocate.

                                     VERSUS

$     THE STATE (NCT OF DELHI)                         .....RESPONDENT

^ Through: Mr. Jaideep Malik, Additional Public Prosecutor, for the State along with SI Om Prakash.

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 father-in-law, who seeks his regular bail in a

dowry death case under Sections 498-A/304-B IPC against him and other

co-accused persons vide FIR No. 310/2009, Police Station Ambedkar

Nagar.

2. Arguments on this bail application have been heard.

3. The deceased was married with the son of the petitioner at Delhi on

27.04.2009. She died within six months of her marriage by hanging in

the incident that took place in the house of her in-laws on 12.10.2009.

After the death of the deceased, her parents have involved the husband,

father-in-law, mother-in-law, nanad & devar of the deceased responsible

for her unnatural death. The sister-in-law of the deceased, who has also

been roped in the case, is stated to be a juvenile and has been kept in

Column No. 12 of the charge-sheet filed against the accused persons

before the concerned Court.

4. The learned counsel appearing on behalf of the petitioner has

argued that the petitioner has been falsely roped by the parents of the

deceased in the present case and according to him, the petitioner along

with his wife was residing on the Ground Floor whereas the deceased

along with her husband were residing on the First Floor of the House. It is

submitted that the petitioner had nothing to do with the affairs of the

deceased and her husband who were living separate from the petitioner.

The only allegations made by the parents of the deceased against the

petitioner are of harassment of the deceased in connection with the

alleged demand of dowry. Similar allegations have been made by them

against the co-accused Gaurav Gupta, who happens to be the devar of

the deceased. The co-accused Gaurav Gupta has already been admitted

to bail by the Sessions Court and this fact is not disputed by the learned

Additional Public Prosecutor appearing on behalf of the State, on

instructions from the IO of the case namely SI Om Prakash. It is not

disputed by the learned Additional Public Prosecutor that the role

assigned in the crime to the petitioner's co-accused Gaurav Gupta is

identical to that assigned to the petitioner in the present case. This

entitles the petitioner to claim parity with his co-accused Gaurav Gupta.

Even otherwise, the petitioner is an old person and he is stated to be a

permanent resident of Delhi. There is no apprehension of his fleeing

from justice. He is in Judicial Custody since 12.10.2009, that is, for last

more than six months.

5. In the facts and circumstances of the case stated above, the

petitioner is ordered to be released on bail on his furnishing bail bonds in

the sum of Rs.25,000/- with one surety in the like amount to the

satisfaction of the concerned trial Court.

Order Dasti under the signatures of the Court Master.

APRIL 19, 2010                                  S.N.AGGARWAL, J
'BSR'