Brij Kishore v. The State Of NCT Of Delhi
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BRIJ KISHORE ..... Petitioner Through:
Ms. Rakhi Dubey, Adv.
versus THE STATE OF NCT OF DELHI ..... Respondent Through:
Mr. Kewal Singh Ahuja, APP for the State with Insp. Ajai Pratap & ASI Mohan Singh, PS Pul Prahlad Pur.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
O R D E R
% 20.12.2018 Crl.M.A.50289/2018 (exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of.
Status report filed. Heard.
The petitioner was arrested on 31.08.2017 during the course of investigation of first information report (FIR) No.171/2017, involving offences punishable under Sections 304-B/498-A/34 of Indian Penal Code, 1860 (IPC) of Police Station Pul Prahlad Pur. The case concerns the unnatural death of Amrita in the matrimonial home preceded statedly by certain acts of commission or omission to pressurize her parental family to accede to illicit demands for dowry. The marriage of Amrita took place on 04.12.2013. The petitioner is the father-in-law who was living under the same roof.
The prosecution has so far examined thirteen witnesses, which include Virender Kumar Singh (PW-1), Rahul Kumar Singh (PW-2) and Sunita Devi (PW-6), the father, brother and mother respectively of the deceased, this besides a common acquaintance Ram Layak (PW-4). Having regard to the depositions of the said witnesses, this court is of the opinion, without expressing any views on merits of the accusations, lest it prejudices either side, that the petitioner deserves to be released on bail, no useful purpose being served by keeping him in continued custody. Thus, the application is allowed, subject to the following conditions:- (i).
The petitioner shall furnish personal bond in the sum of Rs.30,000/- with one surety in like amount to the satisfaction of the trial court.
(ii).
Prior to his release, he shall give the telephone numbers of self and of at least one other responsible family member besides that of the surety to the trial court.
(iii).
He shall scrupulously appear at each and every stage of the proceedings before the trial court so as not to cause any obstruction or delay to its progress.
(iv).
He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; and (v).
He shall not leave India without the prior permission of the court of cognizance or the trial court, as the case may be, and to ensure due compliance with this condition and shall deposit his passport, if he
holds one, with the said court.
The bail application is disposed of in these terms. A copy of this order shall be transmitted to the jail authorities and to the trial court.
Dasti under the signature of Court Master.
R.K.GAUBA, J.
DECEMBER 20, 2018 vk