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Anticipatory bail should not be denied – 498A is not to get Stridhan

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 11th September, 2015

BAIL APPLN. 501/2015

CHETAN KAPOOR @ VIKAS….. Petitioner

Through Mr. S.P.Sharma, Advocate along with a postulant in person.

versus

STATE….. Respondent
Through Mr.Manjeet Singh Oberoi, APP.

SI Hira Lal, P.S.Moti Nagar.

Mr.A.K.Bhardwaj, warn for a complainant along with a complainant in person.

CORAM: HON’BLE MR JUSTICE SIDDHARTH MRIDUL SIDDHARTH MRIDUL, J (ORAL)

1. The benefaction is an focus underneath Section 438 of a Code of Criminal Procedure, 1973 for extend of anticipatory bail in F.I.R.No.1045/2014 underneath Section 498A/406/34 IPC purebred during Police Station Moti Nagar, Delhi.

2. The box of a charge is that a complainant/wife lodged a censure antiquated 21st October, 2014, opposite a applicant/husband before a Crime Against Women Cell, Kirti Nagar, New Delhi, alleging therein that she was being tormented by her applicant/husband for dowry and that her stridhan had been wasted by a applicant/husband.

3. Despite steady attempts a discord/dispute between a applicant/husband and a complainant/wife, could not be settled. The theme F.I.R. came to be purebred on 21st October, 2014.

4. The applicant/husband who is benefaction in Court states that he is peaceful to give a sum of Rs.5,00,000/-(Rupees Five Lakh) to his complainant/wife, so that a latter can deposit that income to habituate to a advantage of their teenager child, namely, Naman. Learned warn appearing on interest of a applicant/husband submits that a applicant/husband proposes to do so within a duration of dual months.

5. The pronounced offer done on interest of a applicant/husband is supposed as an endeavour by this Court.

6. A sum of Rs.5,00,000/-(Rupees Five Lakh) in foster of a complainant/wife by approach of a Demand Draft be handed over to schooled warn appearing on interest of a complainant/wife, so as to capacitate a complainant/wife to deposit a same as a Fixed Deposit in a nationalised Bank within a duration of dual months.

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7. In perspective of a aforesaid, a usually belligerent on that a applicant’s request for extend of anticipatory bail is against is that a stridhan belonging to a complainant/wife is still in his possession.

8. There is no gainsaying a fact that a record underneath Section 498A/406 IPC are not meant for a liberation of trinket and dowry articles. The applicant/husband can't be denied bail usually on a belligerent that his recover would describe a liberation of trinket and other dowry articles difficult. The complainant/wife can, if she so chooses, pierce a Civil Court for liberation of articles. Ref: ( Jagdish Thakkar vs. State of Delhi, reported as 1993 JCC

117) and (Deepak Kumar and Anr. vs. State, reported as 2008 (3) Crimes 447 (Del.)
9. In perspective of a foregoing, a benefaction bail focus is allowed. In a eventuality of his detain a applicant/husband would be expelled on bail theme to his furnishing a personal bond in a sum of Rs.20,000/-(Rupees Twenty Thousand) with one internal collateral in a like volume to a compensation of a Arresting Officer/Station House In-charge/Officer of a endangered Police Station; theme to a serve condition that he shall approve with a directions given by this Court in courtesy to a endeavour given by him in his Court. He shall co-operate with a review and make himself accessible for doubt as and when called on by a endangered Police Officer.

10. The Bail Application is likely of accordingly.

11. Dasti.

SIDDHARTH MRIDUL, J
SEPTEMBER 11, 2015

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