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High Court of DelhiBAIL APPLN./1349/2024

Smt. Beena Devi v. The State (Govt. Of NCT Of Delhi)

2024-08-02Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1349/2024 SMT. BEENA DEVI .....Petitioner Through:

Mr. Chandan Kumar Mandal and Mr.

Neeraj Singh, Advocates.

versus THE STATE (GOVT. OF NCT OF DELHI) .....Respondent Through:

Mr. Hemant Mehla, Ld. APP for the State.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 02.08.2024 1.

A Bail application under Section 439 Cr.P.C has been filed on behalf of the petitioner Smt. Beena Devi for grant of regular bail in FIR No.0081/2019 registered under Section 304B/498A/34 IPC registered at Police Station Anand Parbat.

2.

It is submitted in the application that the petitioner is about 55 years old who has been in judicial custody since 14.04.2019. Her younger son who was also an accused has already been granted bail. She is suffering from various medical ailments. The main prosecution witnesses i.e. father, brother, sister and jija of the deceased have already been examined by the prosecution and only the formal witnesses remains to be examined. It is submitted that considering her long incarceration and also that the trial may take some time, a prayer is made for grant of bail to the petitioner. 3.

Learned Prosecutor has submitted that the husband and father-in-law The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of the deceased are absconding though the younger son is facing trial with his mother. It is not disputed that the younger son had been granted bail. Learned Prosecutor further submits that the Suicide Note was a strong incriminating piece of evidence against the accused persons. 4.

Submissions heard.

5.

Though, the FIR has been filed under Section 304B/498-A/34 IPC, but the petitioner is a woman of 55 years age and is in jail since 16.04.2019. The material witnesses have already been examined, who have not supported the case of the prosecution. The trial may take some time to get concluded. In the circumstances the petitioner Smt. Beena Devi is admitted to bail on the following conditions:- a) The petitioner/accused shall furnish a personal bond of Rs.25,000/- with one surety of the like amount, subject to the satisfaction of the learned Trial Court.

b) The petitioner/accused shall appear before the Court as and when the matter is taken up for hearing.

c) The petitioner/accused shall provide mobile number to the IO concerned which shall be kept in working condition at all times and he shall not change the mobile number, without prior intimate to the Investigating Officer concerned.

d) The petitioner/accused shall not indulge in any criminal activity and shall not communicate with or come in contact with the witnesses.

e) The petitioner/accused shall not leave the country, without permission of this Court.

f) The petitioner/accused shall not change his residential address The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and in case of change of the residential address, the same shall be intimated to this Court, by way of affidavit. 6.

The application is accordingly disposed of.

NEENA BANSAL KRISHNA, J AUGUST 2, 2024/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.