Pankaj Jha v. State

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1809/2018 PANKAJ JHA ..... Petitioner Through:

Mr. M.A. Niyazi, Mr. Gopal Bihari and Ms. Anamika Niyazi, Advocates.

Versus

STATE ..... Respondent Through:

Mr. G.M. Farooqui, APP for State with SI Sohan Lal, PS-Mehrauli.

Mr. B.P. Gupta and Mr. M.K. Singh, Advocates.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 03.08.2018 It is the petitioner's case that he is the victim of the unnatural demise of his wife, who passed away on 19.02.2018; he did not run away from the spot, indeed he himself intimated the police about the unfortunate incident regarding his wife; that he was taken by the police for about 20 hours for investigations; he has never run away from the process of justice and has on every occasion joined the investigations. The learned counsel for the petitioner refers to the numerous exchanges on social media between the deceased and her office colleagues which tells an unpalatable and intriguing story of its own; possibly of a person jilted-in-love, outside the matrimony. It is the petitioner's case that he was at his office and not at his home when the unfortunate incident happened. This aspect would have been verified by the police. The petitioner reached home after the incident; his neighbours too had reached there; since the door was bolted from inside, it

was broken open and the deceased was brought down. It is contended that as per the post-mortem report, no ante-mortem injuries are seen on the body. The petitioner is ready and willing to join the investigations. In the circumstances, a case is made out by the petitioner for grant of interim protection. Consequently, it is directed that in the event of arrest of the petitioner in FIR No.0115/2018 under Sections 306/498-A IPC registered at Police Station Mehrauli, New Delhi, he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with a surety in the like amount to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions:

(i) the petitioner shall continue to participate in the investigations as and when he is so intimated by the Investigating Officer; (ii) he shall furnish his mobile phone number to the Investigating Officer, which shall be kept operation at all times, so that the police could contact him;

(iii) he shall not make any effort to evade the process of law; and (v) in case of change of the phone numbers or address, the petitioner shall inform the police forthwith.

Nothing stated in this order shall be deemed to be an adjudication on the merits of the case.

The petition is disposed-off.

A copy of this order be given dasti to the learned counsel appearing on behalf of the parties.

NAJMI WAZIRI, J.

AUGUST 03, 2018/RW/sb