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Rajender vs State (Govt. Of Nct Of Delhi) on 24 May, 2019

$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 24.05.2019
+ BAIL APPLN. 1250/2019
RAJENDER ….. Petitioner
versus

STATE (GOVT OF NCT OF DELHI) ….. Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Vijay Dalal, Adv.

For the Respondent : Ms. Meenakshi Dahiya, APP for the State

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks regular bail in FIR No. 417/2018 under Section
307/Section498A/Section34 IPC, Police Station Nihal Vihar.

2. The allegations in the FIR are that the prosecutrix was harassed by
her in-laws as also the petitioner who is her husband and they off and on
used to demand money from her. It is alleged that on the day of the incident
there was once again a fight and later a scuffle and on account of which it is
alleged that the complainant went to the roof where her husband, father-in-
law, mother-in-law followed her and despite her protest the three of them
threw her from the roof.

3. Status report has been filed. Along with the status report MLC of the
prosecutrix has been filed which records the injuries sustained to be
complaint of tenderness in pelvis, swelling, restricted mobility, pain and

BAIL APPLN. 1250/2019 Page 1 of 2
tenderness and deformity in ankle and opines that injuries sustained were
grievous.

4. Learned counsel for the petitioner submits that petitioner has been
falsely implicated. He submits that there was a quarrel on a trivial issue and
the complainant was not thrown by the petitioner or his family but she had
in protest gone to the first floor of the house and jumped from there.
Learned counsel submits that even as per the MLC there is no fracture
sustained by her.

5. Petitioner has been in custody since 13.07.2018. Investigation is
complete and charge sheet has already been filed. Trial is likely to take
some time.

6. Without commenting on the merits of the case and keeping in view
the totality of facts and circumstances of the case, I am satisfied that
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 one surety 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.

8. Petition is allowed in the above terms.

9. Order dasti under signatures of the Court Master.

MAY 24, 2019/rk SANJEEV SACHDEVA, J

BAIL APPLN. 1250/2019 Page 2 of 2

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