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Mukesh Mathur vs State on 4 July, 2018


% Judgment delivered on: 04.07.2018

+ BAIL APPLN. 1352/2018
MUKESH MATHUR ….. Petitioner
STATE ….. Respondent
Advocates who appeared in this case:
For the Petitioner : Ms.Anuja Saxena and Mr.Yogesh
Bhardwaj, Advs.

For the Respondent : Ms. Neelam Sharma, Addl. PP for
the State with ASI Suresh, P.S.New



1. Petitioner seeks regular bail in FIR No.108/2005 under Section
498A/406/34 IPC and under Sections 3 4 of the Dowry Prohibition
Act. The subject FIR emanates out of matrimonial discord. The FIR
was registered not only against the petitioner but also against his
parents, sister and grandfather. The petitioner subsequently failed to
appear before the Trial Court at the time of trial and was subsequently
declared a proclaimed offender. The petitioner moved an application
seeking to surrender before the Trial Court on 13th February, 2018.

BAIL APPLN. 1352/2018 Page 1 of 2

However, since the Court was on leave, the matter got adjourned and
subsequently the petitioner was arrested on 20th April, 2018 and has
been in custody since then.

2. As per the status report filed by the prosecution, petitioner has
returned 22 dowry articles. The grandfather and sister of the petitioner
have since been discharged by the Trial Court and the mother of the
petitioner had been acquitted after trial.

3. Without commenting on the merits of the case and keeping in
view the totality of facts and circumstances and on perusal of the
records of the case, I am of the view that petitioner has made out a
case for grant of regular bail. Accordingly, petitioner is admitted to
bail. On petitioner furnishing a bail bond in the sum of Rs.25,000/-
with one surety of the like amount, petitioner shall be released on bail
if not required in any other case. Petitioner shall duly appear before
the Trial Court on every date when the matter is listed by the Trial
Court. Petitioner shall not do anything which may prejudice the trial
or the prosecution witnesses.

4. Petition is accordingly allowed in the above terms.

5. Order Dasti under the signature of the Court Master.

JULY 4, 2018/’rs’

BAIL APPLN. 1352/2018 Page 2 of 2

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