Rohit Kumar v. State

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1918/2018 ROHIT KUMAR ..... Petitioner Represented by:

Mr. Amit Sharma, Mr. Aditya Bhardwaj, Mr. Kunal Sharma, Advs.

versus STATE ..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP with Insp. Ajit Kumar PS Mehrauli.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 12.11.2018 By this petition the petitioner seeks bail in case FIR No. 138/2017 under Sections 498A/304B/34 IPC registered at PS Mehrauli on the complaint of one Om Prakash.

In the FIR in question Om Prakash stated that he married his daughter Sudha with Rohit, the present petitioner on 16th November, 2016. It is alleged that on 12th January, 2017 when the brother of the complainant went to meet her she had injury marks on her neck and thus he brought her to her parental home. The deceased was sent to her matrimonial home on 26th January, 2017 whereafter she died due to hanging on 2nd March, 2017. The only allegation against the petitioner in the FIR is that he used to assault the deceased due to which she committed suicide. In the FIR in question there is no allegation of any demand of dowry against the petitioner. It is also not evident as to whether soon before the death i.e. 2nd March, 2017 the deceased was subjected to physical assault resulting in the deceased committing suicide.

BAIL APPLN. 1918/2018

Considering the nature of allegations against the petitioner and that he has been in custody since 3rd March, 2017 and till date only charge has been framed, this Court deems it fit to grant bail to the petitioner. It is therefore directed that the petitioner be released on bail on his furnishing a personal bond in the sum of ₹25,000/- with one surety bond of the like amount to the satisfaction of the learned Trial Court, further subject to the condition that the petitioner will not leave the country without the prior permission of the Court concerned and in case of change of residential address the same will be intimated to this Court by way of an affidavit. Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

NOVEMBER 12, 2018 'ga'

BAIL APPLN. 1918/2018