Atul Jindal vs State (NCT Of Delhi)

SANJEEV SACHDEVA, J

Petitioner seeks regular bail in FIR No.427/2017 IPC under Sections 498A/306/34 IPC at Police station Sarai Rohilla. Â

The FIR has been registered on the complaint of the sister of the deceased. It is contended that the petitioner, who was the husband of the

deceased, had physically neglected her on account of which the deceased committed suicide. Alleged suicide note has been recovered by the

investigating agency wherein the deceased is inter alia alleged to have written that the petitioner did not give her anything physically or

emotionally. Â

Reliance has been placed by the learned counsel for the complainant on the statement of the sisters recorded under section 161 Cr.P.C. wherein

they have also stated that the deceased had complained to them that the petitioner had physically neglected the deceased.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that there is no allegation that the petitioner

ever fought with the deceased or treated her with cruelty. The only allegation is that she has been physically neglected. He submits that the same

does not amount to cruelty of a nature which could lead an ordinary prudent person to commit suicide. It is submitted that there is also no instigation

alleged on the part of the petitioner.

Learned counsel for the petitioner further submits that there is no allegation against the petitioner of ever having demanded any dowry or money

from the deceased or her family.

Petitioner had been in custody since 11.11.2017. Investigation has been complete and charge-sheet has already been filed.

Without commenting upon the merits of the case and on perusal of the record, I am of the view that the petitioner has made out a case for grant of

regular bail. 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. Â

The petitioner shall not do anything, which may either prejudice the trial or the prosecution witnesses. The petitioner shall not leave the country

without the prior permission of the Trial Court.

Petition is disposed of in the above terms.

Order Dasti under the signatures of the Court Master.