Smt Sudesh v. The State
$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2042/2020 SMT SUDESH ..... Petitioner Through Mr. Tarun Gahlot, Adv.
versus THE STATE ..... Respondent Through Ms. Meenakshi Dahiya, APP for the State
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
O R D E R
% 14.09.2020 1.
The present petition has been filed by the petitioner under Section 439 Cr.P.C. for grant of bail in case FIR No.190/2020, for the offences punishable under Sections 498-A/304-B/34 IPC registered at PS Narela, Delhi.
2.
Learned APP has opposed the present petition by stating that the marriage between the son of the petitioner and the deceased was solemnised on 10.12.2018 and she committed suicide on 17.04.2020 due to the harassment caused by her husband and petitioner's family. There are serious allegations in the present petition. Thus, the present petition deserves to be dismissed.
3.
As per the status report filed by the State, the allegations against the petitioner which are mentioned in the statement recorded by the SDM are that her daughter was beaten after marriage by her husband upon instigation of petitioner (the mother of husband of deceased). Moreover, her daughter BAIL APPLN. 2042/2020
gave birth to a baby girl about a month ago and she had given Rs.15,000/- to her daughter for hospital expenses.
4.
Case of the petitioner is that the marriage took place on 10.12.2018. Till the date of incident, there is no complaint made by the deceased or her family members regarding any atrocities. Moreover, there is no record that 4-5 days before the incident, the deceased informed the complainant telephonically that she was assaulted by her in-laws including the petitioner herein. In order dated 09.07.2020, it is observed that after the death, the mother of the deceased refused to take the girl child, however, the child is being taken care of by grand-mother of the child (petitioner herein). 5.
The petitioner was arrested on 09.07.2020, however, there is no one in the family to look after the child, therefore, keeping in view the welfare of the child and on humanitarian ground, this Court is inclined to grant bail to the petitioner.
6.
Accordingly, she shall be released on bail on his furnishing a personal bond in the sum of Rs.15,000/- and with one surety in the like amount to the satisfaction of the Trial Court.
7.
The petition is, accordingly, allowed and disposed of. 8.
Copy of this order be transmitted to the Jail Superintendent concerned and Trial Court for necessary compliance.
9.
The order be uploaded on the website forthwith. SURESH KUMAR KAIT, J SEPTEMBER 14, 2020/rk BAIL APPLN. 2042/2020