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High Court of DelhiBAIL APPLN./3790/2023

Rinku v. State Govt Of NCT Of Delhi

2024-04-30Hon'Ble Mr. Justice Anoop Kumar Mendiratta3 pages

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RINKU ..... Petitioner Through:

Ms. Tanya Agarwal, Advocate.

versus STATE GOVT OF NCT OF DELHI ..... Respondent Through:

Ms. Meenakshi Dahiya, APP for the State alongwith, SI Tilakraj.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 30.04.2024 BAIL APPLN. 3790 /2023 1.

An application under Section 439 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner for grant of regular bail in FIR No. 0433/2022 under Sections 498A/304B/34 IPC registered at P.S.: Ranhola.

2.

In brief, as per the case of prosecution, present FIR was registered on 08.05.2022 on complaint of Anangpal (i.e. father of deceased), who alleged that marriage of deceased was solemnized with petitioner Rinku on 02.07.2021 and at the time of marriage, a motor bike was given as demanded by petitioner. He further alleged that petitioner alongwith motherin-law of deceased used to harass the deceased for not bringing T.V. and fridge in dowry.

3.

Learned counsel for the petitioner submits that petitioner has been falsely implicated and the allegations of demand for dowry were levelled The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

since the deceased committed suicide. She further submits that witnesses examined on behalf of prosecution during course of trial, namely Anangpal (father of deceased), Smt. Rani (mother of deceased) along with Smt. Neelam (sister of deceased) have not supported the case of prosecution and denied the allegations of dowry demand. She also pointed out that coaccused Smt. Maya Devi (mother-in-law) is already on bail. 4.

On the other hand, application is opposed by learned APP for the State and it is submitted that some of the material witnesses are yet to be examined and there is possibility of influencing of witnesses, in case the petitioner is released on bail.

5.

I have given considered thought to the contentions raised. Petitioner is in custody since 10.05.2022. Both the material witnesses namely PW-1 Mr. Anangpal and PW-2 Smt. Rani (i.e. father and mother of deceased) have not supported the case of the prosecution. The witnesses categorically denied the allegations of demand of dowry and harassment as alleged in the FIR.

Considering the facts and circumstances, petitioner is admitted to bail on furnishing a personal bond in the sum of Rs. 10,000/- (Rupees Ten Thousand only) with one surety in the like amount to the satisfaction of the learned trial court and subject to the following conditions : (i) Petitioner shall provide his mobile number to the Investigating Officer (IO) / SHO concerned;

(ii) Petitioner shall not influence or threaten the witnesses in any manner.

Application is accordingly disposed of. Pending applications if any, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

also stand disposed of.

A copy of this order be forwarded to Superintendent Jail and learned Trial Court for compliance.

ANOOP KUMAR MENDIRATTA, J APRIL 30, 2024/K The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.