Jitender Paswan v. The State Of NCT Of Delhi
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3143/2022, Crl. M.A. 18799/2023 JITENDER PASWAN ..... Petitioner Through:
Mr. Sanjeet Paliwal, Advocate.
versus THE STATE OF NCT OF DELHI ..... Respondent Through:
Mr. Aashneet Singh, APP for State with I.O./Insp. Virender Singh, P.S.
Nand Nagri.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 29.04.2024 1.
By way of present bail application filed under Section 439 read with Section 482 Cr.P.C., the applicant seeks regular bail in FIR No. 198/2021 registered under Sections 498A/304B at P.S. Nand Nagri, Delhi. 2.
Learned counsel for the applicant submits that applicant was released on interim bail vide order dated 21.03.2023 in order to look after his two minor daughters, one of whom is suffering from Erb's Palsy disease Right Side. It is submitted that the said interim bail is still continuing and that the applicant has not misused the said concession. Learned counsel further submits that the material witnesses being the mother, father and sister of the deceased have been examined. On merits, it is submitted that no specific dates of dowry demand are mentioned. It is also submitted that father of the deceased, in his statement, has stated that no demand was made directly to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2024 at 12:16:53
him and that he learnt about the same from his wife. It is further submitted that there is variance with regard to demand of dowry as stated by the two witnesses; while, mother of the deceased has said it to be Rs.60,000/- for purchasing one Pulsar bike, the father of the deceased has stated it to be different amount.
3.
Learned APP for the State, on the other hand, has opposed the bail application. He states that 7 out of total 31 witnesses have already been examined. He has also handed over a copy of Status Report, inter alia, specifying the status of the family members. It is stated that the two minor daughters are students of class 2 and 4 respectively. It is further stated that parents of the applicant are bedridden.
4.
Considering the aforesaid facts and the fact that material witnesses have already been examined/cross-examined, interim bail granted to the applicant, vide order dated 21.03.2023, is made absolute on the same terms and conditions.
5.
The bail application is disposed of in the above terms alongwith miscellaneous application.
6.
Needless to state that nothing observed hereinabove shall amount to an expression on the merits of the case and shall not have a bearing on the trial of the case as the same has been expressed only for the purpose of the disposal of the present bail application.
7.
Copy of the order be communicated to the concerned Jail Superintendent electronically for information. MANOJ KUMAR OHRI, J APRIL 29, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2024 at 12:16:53