BAIL APPLN./2026/2016 of GAURAV ARORA Vs STATE (NCT OF DELHI)

IN THE HIGH COURT OF DELHI AT NEW DELHI

+BAIL APPLN. 2026/2016GAURAV ARORA..... PetitionerThrough :Mr. Ravi Sikri, Sr. Adv. with Mr.Aman Sareen, Ms. Nidhi Raj Bindraand Ms. Akshita Goyal, Advs.GAURAV ARORA..... PetitionerThrough :Mr. Ravi Sikri, Sr. Adv. with Mr.Aman Sareen, Ms. Nidhi Raj Bindraand Ms. Akshita Goyal, Advs.

versus

STATE (NCT OF DELHI)..... RespondentThrough :Mr.AmitChadha, APPwithSIUmesh Yadav PS Uttam Nagar.Through :Mr.AmitChadha, APPwithSIUmesh Yadav PS Uttam Nagar.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R R%21.10.2016

Learned senior counsel for petitioner submits that petitioner is brotherin law of the deceased, who died within two months of the marriage.Deceased was living with her husband (brother of petitioner) separately.Petitioner was in his office at Noida till 8.59:45 pm on 26[th]February, 2015.Petitioner left his office at about 9:00 pm and it was not possible for him toreach the place of incident, which was about 50 kms away from his office,by 9:48 pm when the incident took place. Petitioner was not commutingfrom his own transport. He could not have reached the place of incidentwithin 50 minutes by public transport. Report of Inspector Ravi ShankarPS Uttam Nagar at page 92-B has been relied to contend that petitioner was

in his office till 9:00 pm. Learned senior counsel has further submitted thatallegations of pouring liquid and setting the deceased on fire are not againstthe petitioner, as per the FIR and also in the subsequent statement ofdeceased recorded by the SDM. Petitioner’s father had also sustained severeburns in the same incident and died after about 10 days, that is, on 7[th]March, 2016. Petitioner is in custody for 19 months. Charges have beenframed. Trial is under way. Petitioner may be admitted to bail.

Learned additional public prosecutor has opposed the bail application.He has contended that deceased died within two months of the marriage. Inthe FIR, she has stated that after the marriage, her in-laws, includingpetitioner, used to harass her on the point of dowry. On 26[th]February, 2015,the husband of deceased, Jatin told her that henceforth he would be livingwith his parents. Deceased went to Jatin’s parent’s house, that is, A-108,Ground Floor, Mohan Garden, Uttam Nagar, Delhi.She also called herparents and sister there. In their presence, mother in-law of deceased,petitioner, his brother Prateek, petitioner’s wife and husband of petitionerJatin quarrelled with her. Thereafter, brother in law Prateek took two bottlesof liquid and poured on her while her father in law set her on fire by matchstick.

Keeping in mind the above facts, the role assigned to petitioner andthat he is in custody for 19 months, the petitioner is admitted to bail, subjectto his furnishing personal bond in the sum of `50,000/- (Rupees FiftyThousand Only) with one surety of the like amount to the satisfaction of trialcourt.

Application is disposed of in the above terms. Dasti.

OCTOBER 21, 2016/dk

A.K. PATHAK, J.