Mahesh Chand Alias Manoj v. State of NCT of Delhi

ORDER

20.05.2013 By the present petition the Petitioners, who are the brothers in law of the deceased, seek bail in case FIR No. 69/2013 under Sections 304B/498A/34 IPC registered at PS Bhalsw'aDairy, Delhi. Learned counsel for the Petitioners submits that the Petitioners are BAIL APPLN. 623/2013 & 624/2013 Page 1 of3 students, aged 20 years and 19 years respectivelyand were livingseparately from the deceased. There are no allegations of harassment in relation to the dowry soon before death against the Petitioners. Learned APP for the State on the other hand has taken me through the FIR. He states that the allegations in the FIR clearly show that the Petitioners were equally involved in beating the deceased besides her husband, father-in-law and mother-in-law. I have heard learned counsel for the parties. The abovementionedFIR was registered on the complainantof Girish Chand Pandey, father of Manju. He stated that he had marriedhis daughter on 6'*^ June, 2010 and gave dowryas perhis status.He gaveone motorcycle, sofa, five tolas gold and Rs. 20,000/-cash. After three months of marriage his daughter was tortured for dowry and demand of Nano car was made. It is further alleged that the husband, father-in-law, mother-in-law and brothers in law, that is the Petitionersherein, used to beat his daughter. As per the FIR in June, 2011 his daughter and son-in-law were thrown out of the matrimonial house and they started living on rent in Kasiram Nagar, Moradabad. Thereafter in August, 2011 his son-in-law informed him on telephonethat his fatherhadgivena plot of 25 sq. Yards for constructingthe house and that he should get the house constructed on the said plot. Accordingly the Complainanttook a loan of Rs. 2 lakhs so that the house could be constructedand since October, 2011 his daughter and son-in-law were living in the said house. It is thus apparent that the deceased was living in the matrimonial hometill June, 2011. Furtherbesidesthe allegationsthat initiallytherewas a BAILAPPLN. 623/2013& 624/2013 ! demand of dowry and everyone used to beat the deceased which includes the Petitioners, there is no other specific allegation against the Petitioners. The investigation is complete. The charge sheet has already been filed. The Petitioners are students, aged about 20 years and 19 years respectively. Thus, I deem it fit to grant bail to the Petitioners. It is, therefore, directed that the Petitioners be released on bail on their furnishing personal bond in the sum of Rs. 25,000/- each with one surety each of the like amount, subject to the satisfaction of the learned Trial Court. Petitions are disposed of Order dasti.

MUKTA GUPTA, J. MAY 20, 2013 'vn' BAIL APPLN. 623/2013 & 624/2013 Page 3 of3

6# & 7# * IN THE HIGH COURT OF DELHI AT NEW DELHI + + % BAIL APPLN. 623/2013 GOPAL DUTT Through: versus STATE OF NCT OF DELHI Through; Petitioner Mr. Ajay Jain, Ms. Niti Jain and Mr. Ravi Shankar Garg, Advocates. Respondent Mr. Manoj Ohri, APP for the State with SI Kundan Lai, PS Bhalswa Dairy. AND BAIL APPLN. 624/2013 MAHESH CHAND ALIAS MANOJ Petitioner Through: Mr. Ajay Jain, Ms. Niti Jain and Mr. Ravi Shankar Garg, Advocates. versus STATE OF NCT OF DELHI Respondent Through: Mr. Manoj Ohri, APP for the State with SI Kundan Lai, PS Bhalswa Dairy. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA