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Harish Kumar vs State Nct Of Delhi on 5 October, 2018

$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 05.10.2018

+ BAIL APPLN. 1559/2018

HARISH KUMAR ….. Petitioner
versus

STATE NCT OF DELHI ….. Respondent
Advocates who appeared in this case:
For the Petitioner : Mr.K.Singhal Mr.Ajay Kumar, Advocates

For the Respondent : Ms.Neelam Sharma, APP for the State with
SI Karamvir, PS Narela

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

05.10.2018

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks regular bail in FIR No.359/2016, under Section
498A/
306/34 IPC, registered at PS Narela.

2. The allegations against the petitioner in the FIR are that the
daughter of the complainant, who was being harassed by the petitioner
and the in-laws, had committed suicide. The allegations were that
there was demand for dowry.

3. Learned counsel for the petitioner submits that the petitioner

BAIL APPLN. 1559/2018 Page 1 of 3
has been falsely implicated. He submits that the marriage took place
in 2002 and the suicide was committed on 04.04. 2016, much after the
statutory period under which presumption could be raised. He submits
that during the entire subsistence of marriage, there was neither any
allegation of harassment nor any demand of dowry.

4. Learned counsel for the petitioner submits that the complainant
as well as the sister of the deceased has been examined before the
Trial Court and in their testimony they have not supported the case of
the prosecution rather they have very categorically stated that the
relation between the deceased and the in-laws as well as the petitioner
were cordial and there was no demand for dowry or harassment for
dowry. Further, he submits that the complainant has deposed that the
deceased was suffering from medical problems and probably because
of the same, she committed suicide.

5. Status report has been filed. Petitioner has been in custody
since 18th February, 2017.

6. Without commenting on the merits of the case and on perusal of
the record I am satisfied that petitioner has made out a case for grant
of regular bail.

7. Accordingly, petitioner is directed to be released on bail on his
furnishing a bail bond in the sum of Rs.25,000/- with one surety of the
like amount to the satisfaction of the concerned trial court, if not

BAIL APPLN. 1559/2018 Page 2 of 3
required in any other case. The petitioner shall not do anything that
may prejudice the trial or the prosecution witnesses.

8. Petition is disposed of in the above terms.

9. Order dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
OCTOBER 05, 2018
‘hkaur’

BAIL APPLN. 1559/2018 Page 3 of 3

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