Satprakash Meena & ORS v. Govt Of NCT Of Delhi & ORS

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 797/2016 and Crl. MA No. 6278/2016 SATPRAKASH MEENA & ORS ..... Applicants Through Mr. F.K. Jha and Mr. Shashank Singh, Advocates versus GOVT OF NCT OF DELHI & ORS ..... Respondents Through Ms. Radhika Kolluru, APP for State SI Dinesh Kumar, PS Ranhola

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 21.04.2016 Crl. MA No. 6278/2016 (Exemption) Exemptions allowed subject to all just exceptions. The application is disposed of accordingly.

BAIL APPLN. 797/2016 The present is an application under Section 438 of the Code of Criminal Procedure, 1973 seeking grant of transit bail to the applicants herein in FIR No. 86/2016 under Sections 498A/406 IPC, registered at Police Station- Banni Park (West), District Jaipur, Rajasthan.

Learned counsel appearing on behalf of the applicants would urge that no notice was issued to the applicants prior to the registration of the subject FIR, which is in the teeth of the directions given by the Hon'ble Supreme Court of India in Arnesh Kumar Vs. State of Bihar & Anr. reported as (2014) 8 SCC 273.

A perusal of the subject FIR reveals that the same came to be registered on an allegation that the applicants have harassed the complainant/respondent no. 3 herein for dowry.

The applicants are admittedly residents of Delhi and applicant no. 1 (husband of the complainant) is stated to be employed as an Electrical Engineer at the Feroz Shah Kotla Cricket Ground, New Delhi since the year 2008. The material in support thereof has been annexed to the present bail application. Without commenting upon the merits of the application, in my view, it would be just and expedient to allow the present bail application seeking transit bail to the applicants herein.

In view of the foregoing, the applicants herein be not arrested in the subject FIR for a period of two weeks from today, subject to the condition that in the event they do not approach the competent Court having territorial jurisdiction over the subject FIR within that period with an appropriate application in accordance with law, the present order shall terminate automatically.

With the above directions, the bail application is disposed of. Copy of this order be given dasti to counsel for the parties under signature of the Court Master.

SIDDHARTH MRIDUL, J APRIL 21, 2016 sd