Swati Jain vs Govt. Of Nct Of Delhi
2019 Latest Caselaw 894 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                   Judgment delivered on: 12.02.2019

+      BAIL APPLN. 2190/2018
SWATI JAIN                                              ..... Petitioner
                           versus

GOVT. OF NCT OF DELHI                                   ..... Respondent
Advocates who appeared in this case:
For the Petitioner :      Mr. F.K. Kha, Mr. Sarwesh and Mr. Saket, Advs.

For the Respondent:        Mr. Hirein Sharma, Addl. PP for the State

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                              JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks regular bail in FIR No. 267/2017 initially registered under Section 365/34 IPC. After investigation, chargesheet was filed under Sections 498-A/304-B/302/201/182/120-B/34 of the IPC at Police Station Rani Bagh.

2. A charge has been framed against the petitioner under Sections 498-A/304-B/201/34 of the IPC.

3. Petitioner has been in custody since 13.12.2017.

4. Petitioner is sister-in-law of the deceased i.e. wife of the brother

of the husband of the deceased (Devrani).

5. The allegations in the FIR are that the deceased who was married in the family was murdered. Prosecution relies on CCTV footage showing entry of the petitioner into the house at about 9.00 PM , where the incident is alleged to have taken place and thereafter exit at about 12.05 PM when she allegedly sits in front seat of a car alongwith her child. The allegations are that after the deceased was eliminated, the body was put in a gunny bag which was kept in the car and petitioner assisted in the disposal of the body.

6. Learned counsel for the petitioner submits that petitioner has been falsely implicated. He submits that there is no material to show that the petitioner has committed an offence of murder. He submits that she is also married into the same family and there is no question of her being involved in any offence. He further submits that even if the CCTV footage were to be referred to at best the allegations against the petitioner could be that of Section 201 IPC.

7. He further submits that all other members of the family are incarcerated and petitioner has a minor daughter of three years of age and there is no other person in the family to take care of her.

8. Without commenting on the merits of the case and keeping in view of the totality of the facts and circumstances and also the fact that petitioner is a woman having a child of three years of age and all

other family members are incarcerated and petitioner has been in custody for over a year, I am of the view that petitioner has made out a case for grant of regular bail.

9. Accordingly, on petitioner furnishing a bail bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the Trial Court, petitioner shall be released on bail, if not required in any other case. Petitioner shall not do anything which may prejudice the trial or the prosecution witnesses. The petitioner shall not leave the country without permission of the trial court. Petitioner shall surrender her passport, if any, to the Investigation Officer.

10. The petition is disposed of in the above terms.

11. Order Dasti under signatures of the Court Master.

FEBRUARY 12, 2019                           SANJEEV SACHDEVA, J
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