Parag Bansal v. State

$~7 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 937/2017 PARAG BANSAL ..... Petitioner Through Mr.Mahmood Hasan, Adv.

versus STATE ..... Respondent Through Mr.Panna Lal Sharma, APP with Insp.Harun Ahmad and SI Yogender Kumar, PS Burari.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 22.05.2017 Arguments heard.

The present application has been filed under Section 438 Cr.P.C. for the grant of anticipatory bail in FIR No.35/2017, under Sections 498A/406/34 IPC, Police Station Burari. As per FIR, the allegations levelled are that the complainant Vinita had made a complaint to the police to the effect that on 07.07.2016 at about 11.30 p.m., she was beaten up and thrown out of her matrimonial home.

She had made the complaint against her husband/ petitioner-Parag Bansal, brother-in-law Puneet Bansal, mother-in-law Urmila and father-in-law Papu Mal. It was alleged that she was taunted and harassed by her husband and in-laws for bringing insufficient dowry.

In the marriage which had taken place on 07.12.2015, the parents of the complainant had spent money beyond

capacity and gave Rs.5 lacs, valuables and jewellery. After 3-4 days of marriage i.e. on 11.12.2015 at about 11.30 p.m., the mother-in-law of the complainant asked her to give jewellery and valuables to her and the same were given to the mother-in-law in the presence of husband and father-in-law.

The Court below dismissed the bail application of the petitioner on the ground that the jewellery articles which are in the possession of the accused are yet to be recovered and his custodial interrogation is required.

Perusal of FIR shows that the allegations of entrustment of the jewellery and other articles of the complainant have been levelled against the mother-in-law only and not against any other accused including the petitioner-herein.

In view of the above mentioned facts and circumstances, the bail application is allowed and it is hereby ordered that in the event of arrest of the petitioner/accused, he shall be released on furnishing the personal bond in the sum of Rs.15,000/- with one surety in the like amount to the satisfaction of the arresting officer. The petitioner is directed to join the investigation as and when required. He is directed not to influence the prosecution witnesses and tamper with the evidence. He is further directed not to leave the country without the prior permission of the Court concerned.

Before parting with the order, this Court would like to place it on record by way of abundant caution that whatever has been stated hereinabove in this order has been so said only for the purpose of disposing of the present bail application by the petitioner. Nothing

contained in this order shall be construed as expression of a final opinion on any of the issues of fact or law arising for decision in the case which shall naturally have to be done by the Trial Court seized of the trial.

The present bail application is accordingly allowed and disposed of.

P.S.TEJI, J MAY 22, 2017 dd