Chaggan Singh @ Kooku v. State Of NCT Of Delhi

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 748/2016 CHAGGAN SINGH @ KOOKU ..... Petitioner Represented by:

Ms. Ananya Roy, Adv.

versus STATE OF NCT OF DELHI ..... Respondent Represented by:

Ms. Rajni Gupta, APP with Inspector Sunil Kumar Singh, PS Pul Prahladpur.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 19.08.2016 1.

By this petition, the petitioner seeks bail in case FIR No. 65/2015 under Sections 304B/498A/34 IPC registered at PS Pul Prahaladpur. 2.

Learned counsel for the petitioner contends that the parties performed a love marriage wherein no dowry was transacted. Further the petitioner had no role to play in the suicide committed by the deceased. The earlier application for bail was dismissed for the reason that material witnesses were no examined, however now all material witnesses have been examined. 3.

Learned APP for the Staet on instructions submits that all material witnesses have been examined before learned Trial Court. She however states that in view of the specific allegations against the petitioner with regard to harassment for demand of dowry, the deceased having died within BAIL APPLN. 748/2016

7 years of marriage and witnesses having supported the prosecution case, no bail should be granted to the petitioner.

4.

The allegations in the FIR are that there was harassment to the deceased for bring insufficient dowry. The brother of the deceased stated that on 9th August, 2013 at about 10 am, he was away from his house. He received a call from his wife that petitioner and his family members had visited their house and had quarrelled with them. The date of death of death of deceased is 14th February, 2015. Prima facie there is no explicit incident soon before the death of the deceased. Further the material witnesses have already been examined.

5.

Considering the facts and circumstances of the case, I deem it fit to grant regular bail to the petitioner. It is thus directed that the petitioner be released on bail on his furnishing a personal bond in the sum of `25000/- with one surety of the like amount, subject to the satisfaction of learned Trial Court and further subject to the condition that he will not leave the country without prior permission of the court concerned. 6.

Petition is disposed of. However, it is clarified that any observation made hereinabove will not be treated as an expression of opinion on the merits of the case.

7.

Order dasti.

MUKTA GUPTA, J.

AUGUST 19, 2016 'V MITTAL'

BAIL APPLN. 748/2016