Babban Singh v. The State
$~7, 8 & 9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 937/2024, CRL.M.A. 8189/2024 BABBAN SINGH ..... Petitioner Through:
Mr. Jai Subhash Thakur, Mr. Manish Malik, Mr. Nikhil Narula, Mr. Rajiv Kumar and Mr. Pawan Kumar, Advocates.
versus THE STATE ..... Respondent Through:
Mr. Laksh Khanna, APP for State with Insp. Mahendra Kr., P.S. S.B.
Dairy.
AND BAIL APPLN. 940/2024, CRL.M.A. 8217/2024 JANKI DEVI ..... Petitioner Through:
Mr. Jai Subhash Thakur, Mr. Manish Malik, Mr. Nikhil Narula, Mr. Rajiv Kumar and Mr. Pawan Kumar, Advocates.
versus THE STATE ..... Respondent Through:
Mr. Laksh Khanna, APP for State with Insp. Mahendra Kr., P.S. S.B.
Dairy.
AND BAIL APPLN. 942/2024, CRL.M.A. 8223/2024 SANJEET ..... Petitioner Through:
Mr. Jai Subhash Thakur, Mr. Manish Malik, Mr. Nikhil Narula, Mr. Rajiv Kumar and Mr. Pawan Kumar, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Advocates.
versus THE STATE ..... Respondent Through:
Mr. Laksh Khanna, APP for State with Insp. Mahendra Kr., P.S. S.B.
Dairy.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 01.04.2024 1.
By way of present bail applications, filed under Section 438 Cr.P.C., the applicants, who are father-in-law, mother-in-law and brother-in-law of the deceased, seek anticipatory bail in FIR No. 564/2023 registered under Sections 498A/304B/34 IPC at P.S. Shahbad Dairy. 2.
Learned counsel for the applicants states that present FIR came to be lodged on the statement of father of the deceased. It is submitted that allegations against parents-in-law of the deceased are general in nature and further that the brother-in-law was not even staying in the same house. It is further submitted that allegation of threats to Prince, brother of the deceased, has been attributed to the applicant/Sanjeet. Learned counsel further submitted that allegations have been levelled against the husband and sister-in-law namely Rekha, who have already been admitted to regular bail vide order dated 01.07.2023.
3.
Mr. Khanna, learned APP for the State, on the other hand, has opposed the bail application. He states that in the present case, death has occurred within six months of marriage. He further states that as per the post-mortem opinion, the death has taken place on account of asphyxia consequent to ante-mortem hanging. It is also submitted that during the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
investigation, statement of brother of the deceased was also recorded, which is cumulative with the statement of father of deceased. Alongwith the Status Report, a copy of audio transcript has also been placed on record which reflects that deceased was harassed in her matrimonial home. 4.
I have heard the learned counsels for the parties and have also gone through the material placed on record.
5.
On a prima facie reading of the FIR, it is apparent that there are general allegations of harassment against the present applicants and further no specific allegations have been levelled with respect to demand of dowry. Considering the aforesaid as also the fact that investigation is complete, it is directed that in the event of arrest, the applicants be released on bail subject to their furnishing a personal bond in the sum of ₹25,000/- each with one surety each of like amount to the satisfaction of the Arresting Officer/Investigating Officer/SHO of the concerned police station and also subject to the following further conditions:- (i) At the time of furnishing bail bond, the applicants shall provide their mobile numbers, which they undertake to keep operational at all times during the pendency of the trial. (ii) The applicants shall join the investigation as and when they are summoned.
(iii) The applicants shall inform the concerned Investigating Officer about their current residential addresses. (iv) In case of change of residential address/contact detail, the applicants shall promptly inform the same to the concerned Investigating Officer/SHO.
(v) The applicants shall not directly or indirectly try to get in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
touch with the complainant or any other prosecution witnesses or tamper with the evidence.
(vi) The applicants shall regularly appear before the trial Court as and when the charge sheet is filed.
6.
Above-mentioned bail applications are disposed of in the above terms alongwith miscellaneous application. Needless to observe that the observations made hereinabove shall have no bearing on the trial. MANOJ KUMAR OHRI, J APRIL 1, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.