Monu vs State
2019 Latest Caselaw 1373 Del

$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                  Judgment delivered on: 07.03.2019
+      BAIL APPLN. 197/2019
       MONU                                              ..... Petitioner
                                   versus

       STATE                                             ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. J.K. Bhelloriya with Mr. R.K. Rathore, Advocates.

For the Respondent: Ms. Kusum Dhalla, APP for the State.
                    SI Naresh Kumar, PS Chhawla
                    Ms. Kanika, Advocate for the complainant.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                               JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks regular bail in FIR No.477/2018 under Sections 498A/307/34 IPC, Police Station Chhawla.

2. Petitioner is the husband of the complainant. The allegations of the complainant are that the petitioner and his family have been harassing the complainant for dowry. It is alleged that on 15.11.2018 when the complainant was at her house, there was a fight between her and her mother-in-law and sisters-in-law, whereby, it is alleged that the mother-in-law and sisters-in-law assaulted her and thereafter the

mother-in-law and her sister along with one of the sisters-in-law held her and mother-in-law poured oil on her and another sister-in-law set fire to her. The prosecutrix sustained 40% injuries.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that admittedly as per the statement of the prosecutrix, the petitioner was not present in the house when the alleged incident happened.

4. Learned APP for the State submits that the investigation is nearly complete and charge sheet is in the process of finalization for being filed in Court.

5. Petitioner has been in custody since 21.12.2018.

6. Without commenting on the merits of the case and keeping in view the fact that the petitioner was not alleged to be present in the house at the time when the incident of burning is alleged to have taken place, I am satisfied that the petitioner has made out a case for grant of regular bail.

7. Accordingly, on petitioner furnishing a bail bond in the sum of Rs.25,000/- with two sureties 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 either the trial or the prosecution witnesses.

8. Petition is allowed in the above terms.

9. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J MARCH 07, 2019 st