Delhi High Court
Ramesh Singh vs State ( Nct Of Delhi) on 12 October, 2015
Author: Suresh Kait
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 12th October, 2015
+ BAIL APPLN. 1685/2015
RAMESH SINGH ..... Petitioner
Represented by: Mr.Raman Gandhi and
Mr.Sunil Satyarathi, Advs.
versus
STATE ( NCT OF DELHI) ..... Respondent
Represented by: Ms.Meenakshi Chauhan,
APP for the State with SI
Kuldeep Singh, PS Swaroop
Nagar, Delhi.
Mr.Rakesh Kumar Dudeja,
Adv for complainant.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Vide the present petition filed under Section 439 Cr P C, petitioner
seeks direction for releasing him on bail in case FIR No.337/2014
registered at Police Station Swaroop Nagar, Delhi for the offences
punishable under Section 498A/304B/34 of the IPC.
2. Learned counsel for petitioner submits that petitioner is father-in-
law of deceased Rachna and allegations against him are vague and general
in nature. The petitioner never demanded dowry at any point of time from
the other side, however, treated the deceased as his own daughter.
Unfortunately, on 20.07.2014, deceased Rachna committed suicide by
consuming the sulphas tablets, which has been confirmed by FSL report
dated 06.01.2015.
3. Learned counsel further submits that after the registration of FIR,
there are allegations made against petitioner by PW1/ complainant for
demand of dowry, however there are no allegations made in the statement
of PW1 recorded by the concerned SDM. It is also submitted that
petitioner is in custody since 20.07.2014 and as on date, five witnesses
have been examined including the family members of deceased, out of 29
prosecution witnesses. Therefore, there is no apprehension of tempering
with the evidence.
4. Learned APP for State submits that present case is a serious one
and there are specific allegations against the petitioner. He along with co-
accused administered some poisonous substance to the deceased, due to
which she died on 20.07.2014 just within three months of her marriage.
Therefore, keeping in view the seriousness of the offence, petitioner may
not be released on bail.
5. It is not in dispute that deceased committed suicide on 20.07.2014
by consuming sulphas tablets which has been confirmed by FSL report
dated 06.01.2015. The petitioner is in custody since the date of
registration of FIR i.e. 20.07.2014. PW1 has made allegations of demand
of dowry against the petitioner, however said allegations were not
narrated in his statement recorded by the SDM concerned. Five witnesses
have already been examined, who are related to the deceased. Remaining
witnesses will take substantial time for conclusion of trial.
6. Keeping in view the allegations against petitioner, who is father in
law and period of his custody i.e more than one year, without commenting
upon the merits of the case, I am of the view that petitioner is entitled for
bail in this case.
7. Accordingly, petitioner shall be released from custody on his
furnishing personal bond in the sum of Rs.25,000/- with one surety in the
like amount to the satisfaction of learned Trial Court. It is also directed
that in case of any change of address of petitioner or surety, the same shall
be communicated to the jail authorities, learned Trial Court as well as IO/
SHO concerned.
8. Before parting with this order it is made clear that the observation
made by this Court herein shall have no bearing on the merits of the case
of either side pending trial before learned Trial Court.
9. In above terms, instant petition is allowed and disposed of.
SURESH KAIT
(JUDGE)
OCTOBER 12, 2015
M
