Himanshu v. State (NCT Of Delhi)

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2646/2017 HIMANSHU .

.... Petitioner Through:

Mr. Vinay Kumar Sharma, Adv.

versus STATE (NCT OF DELHI) ..... Respondent Through:

Mr. Ashish Dutta, APP for State with Insp. Meena Yadav, PS Palam Village.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 15.01.2018 Status reort is on the record.

Submissions have been made on behalf of the either side. Pursuant to the directions dated 22.12.2017, the applicant is indicated to have joined the investigation on 26.12.2017, 03.01.2018 and on .05.01.2018. On behalf of the State it has been submitted in its status report that the applicant has joined the investigation but not cooperated in the investigation and did not disclose the facts of the case properly and clearly.

The deceased is stated to have got married with Sudhir on 03.10.2014. Allegations against the applicant i.e. brother-in-law of the deceased are allegedly relating to June, 2017 when the husband of the deceased was expelled from his job and when alleged beatings were also given to the deceased and the deceased was not provided any money for her daily requirements and was allegedly mentally

harassed for trivial things. She was allegedly not allowed to perform any job so that she did not show herself superior to her spouse and that there was allegedly a demand for a plot which is not averted in the FIR.

During the course of submissions, on behalf of the State it has been submitted that the mobile phone of the deceased is to be recovered. The Investigating Officer of the case in reply to a specific Court query has submitted that during the course of proceedings the applicant joined the investigation and queries in relation to the phone had been put forth to the applicant which is however, not so borne out from the case diary of the Investigating Agency.

Taking into account the factum that the marriage of the deceased with the brother of the applicant had taken place in October, 2014 and the alleged allegations ascertained relate to those made in June, 2017 despite the applicant having been residing in the same house as the deceased, taking the totality of the case into account without any observation on the merits and demerits of the case, the applicant is allowed to be released on bail in the event of arrest on his furnishing a bail bond in the sum of Rs. 1 lac with one surety of the like amount to the satisfaction of the learned trial Court with directions that he shall not leave the country, shall not make any contact with the complainant and her family members and shall not intimidate the witnesses in any manner and shall commit no offence whatsoever.

ANU MALHOTRA, J JANUARY 15, 2018/vm