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Monu vs State on 7 March, 2019

$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 07.03.2019
+ BAIL APPLN. 197/2019
MONU ….. Petitioner
versus

STATE ….. Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. J.K. Bhelloriya with Mr. R.K. Rathore, Advocates.

For the Respondent: Ms. Kusum Dhalla, APP for the State.
SI Naresh Kumar, PS Chhawla
Ms. Kanika, Advocate for the complainant.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks regular bail in FIR No.477/2018 under Sections
498A/
307/34 IPC, Police Station Chhawla.

2. Petitioner is the husband of the complainant. The allegations
of the complainant are that the petitioner and his family have been
harassing the complainant for dowry. It is alleged that on 15.11.2018
when the complainant was at her house, there was a fight between her
and her mother-in-law and sisters-in-law, whereby, it is alleged that
the mother-in-law and sisters-in-law assaulted her and thereafter the

BAIL APPLN. 197/2019 Page 1 of 3
mother-in-law and her sister along with one of the sisters-in-law held
her and mother-in-law poured oil on her and another sister-in-law set
fire to her. The prosecutrix sustained 40% injuries.

3. Learned counsel for the petitioner submits that the petitioner
has been falsely implicated. He submits that admittedly as per the
statement of the prosecutrix, the petitioner was not present in the
house when the alleged incident happened.

4. Learned APP for the State submits that the investigation is
nearly complete and charge sheet is in the process of finalization for
being filed in Court.

5. Petitioner has been in custody since 21.12.2018.

6. Without commenting on the merits of the case and keeping in
view the fact that the petitioner was not alleged to be present in the
house at the time when the incident of burning is alleged to have taken
place, I am satisfied that the petitioner has made out a case for grant
of regular bail.

7. Accordingly, on petitioner furnishing a bail bond in the sum of
Rs.25,000/- with two sureties of the like amount to the satisfaction of
the Trial Court, petitioner shall be released on bail if not required in
any other case. Petitioner shall not do anything which may prejudice
either the trial or the prosecution witnesses.

BAIL APPLN. 197/2019 Page 2 of 3

8. Petition is allowed in the above terms.

9. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
MARCH 07, 2019
st

BAIL APPLN. 197/2019 Page 3 of 3

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