High CourtsSingle Bench

Santosh vs State

Delhi High Court · Decided on 8 May 2019 · Citation: (2019) 05 DEL CK 0034

HON’BLE JUDGES
Sanjeev Sachdeva, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 304B, 498A
RESULT
Allowed
CASE NUMBER
Bail Application No. 2680 Of 2018
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Judgment

10 paragraphs · 266 words

Sanjeev Sachdeva, J

1.

Petitioner seeks anticipatory bail in FIR No.255/2018 under Sections 304/498A/34, Police Station Jahangir Puri. The FIR has been registered consequent to the death of the wife of the son of the petitioner within 6 months of marriage.

2.

Learned counsel for the petitioner submits that there is no allegation by any of the relations that the petitioner had ever demanded dowry or harassed the deceased on account of dowry.

3.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated as there is no material or allegation with regard to the petitioner of making any demand of dowry or harassing the deceased.

4.

By order dated 30.11.2018, the petitioner was granted interim protection subject to his joining investigation.

5.

Learned Addl. PP submits petitioner had joined investigation and the investigation is complete and charge sheet has already been filed without arrest.

6.

Without commenting on the merits of the case and keeping in view of the totality of the facts and circumstances, I am satisfied that the petitioner has made out a case for grant of anticipatory bail.

7.

Accordingly, it is directed that in the event of arrest, the arresting officer/IO/SHO shall release the petitioner on bail, 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 arresting officer/Investigating Officer/SHO concerned. Petitioner shall not do anything that may prejudice either the trial or the prosecution witnesses.

8.

The petition is allowed in the above terms.

9.

Order Dasti under signatures of the Court Master.