Harish Kumar vs State Nct Of Delhi
2018 Latest Caselaw 6082 Del

$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                Judgment delivered on: 05.10.2018

+      BAIL APPLN. 1559/2018

      HARISH KUMAR                                                ..... Petitioner
                                 versus

      STATE NCT OF DELHI                                        ..... Respondent
Advocates who appeared in this case:
For the Petitioner :              Mr.K.Singhal & Mr.Ajay Kumar, Advocates

For the Respondent :             Ms.Neelam Sharma, APP for the State with
                                 SI Karamvir, PS Narela

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                             JUDGMENT

05.10.2018

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks regular bail in FIR No.359/2016, under Section 498A/306/34 IPC, registered at PS Narela.

2. The allegations against the petitioner in the FIR are that the daughter of the complainant, who was being harassed by the petitioner and the in-laws, had committed suicide. The allegations were that there was demand for dowry.

3. Learned counsel for the petitioner submits that the petitioner

has been falsely implicated. He submits that the marriage took place in 2002 and the suicide was committed on 04.04. 2016, much after the statutory period under which presumption could be raised. He submits that during the entire subsistence of marriage, there was neither any allegation of harassment nor any demand of dowry.

4. Learned counsel for the petitioner submits that the complainant as well as the sister of the deceased has been examined before the Trial Court and in their testimony they have not supported the case of the prosecution rather they have very categorically stated that the relation between the deceased and the in-laws as well as the petitioner were cordial and there was no demand for dowry or harassment for dowry. Further, he submits that the complainant has deposed that the deceased was suffering from medical problems and probably because of the same, she committed suicide.

5. Status report has been filed. Petitioner has been in custody since 18th February, 2017.

6. Without commenting on the merits of the case and on perusal of the record I am satisfied that petitioner has made out a case for grant of regular bail.

7. Accordingly, petitioner is directed to be released on bail on his furnishing a bail bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned trial court, if not

required in any other case. The petitioner shall not do anything that may prejudice the trial or the prosecution witnesses.

8. Petition is disposed of in the above terms.

9. Order dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J OCTOBER 05, 2018 'hkaur'