BAIL APPLN./2586/2016 of SUNIL KUMAR Vs STATE OF NCT OF DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI+BAIL APPLN. 2586/2016 & CRL.M.(Bail) 2221/2016SUNIL KUMAR..... PetitionerThrough:Mr.KTS Tulsi, Sr. Adv. with Mr.RajKamal and Ms.Pallavi Malhotra,Advs.SUNIL KUMAR..... PetitionerThrough:Mr.KTS Tulsi, Sr. Adv. with Mr.RajKamal and Ms.Pallavi Malhotra,Advs.

versus

STATE OF NCT OF DELHI

..... RespondentThrough:Mr.Raghuvinder Varma, APP forState with Inspector Mukesh Kumar,PS-Sangam Vihar

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R R23.02.2017

This is an application under Section 439 Cr.P.C. filed on behalf of thepetitioner seeking grant of regular bail in case FIR No.349/2016, underSections 498-A/304-B/34 IPC, registered at Police Station-Sangam Vihar,Delhi.

Learned counsel for the petitioner submits that the petitioner is aninnocent person and allegations alleged in FIR No.349/2016, under Sections498-A/304-B/34 IPC, registered at Police Station-Sangam Vihar, Delhi isfalse. He submits that the deceased Jyoti committed suicide at hermatrimonial house No.K-80, JJ Camp, Tigri, New Delhi. He further submitsthat the petitioner is the husband of the deceased Jyoti. He has furthersubmitted that it would not be out of place to mention here that it was thepetitioner who took the deceased to the hospital where she was declared

dead. He has further submitted that as per viscera report, no poison is givenand there is no foul play on the part of the petitioner. He has furthersubmitted that as husband, the petitioner did his duty by taking hiswife/deceased Joyti to the hospital. He has further submitted that during theinvestigation, nothing has been recovered at the instance of the petitionerand there is no iota of evidence qua against the present petitioner. Counselfor the petitioner further submits that investigation has already beencompleted and the charge sheet has already been filed. He further submitsthat the petitioner is in judicial custody since 08.06.2016 and not required forfurther investigation in the present case. He has further submitted that trial isnot likely to conclude in near future and the continued incarceration of thepetitioner will not serve any purpose and prays that the petitioner be releasedon regular bail.

On the other hand, learned APP for the State has vehemently opposedthe bail application and has submitted that the allegations levelled againstthe petitioner are very serious in nature. He further submits that thepetitioner may influence the witnesses during trial, if released on bail.

It is an admitted case of both the parties that the petitioner right now isin judicial custody since 08.06.2016. What is emerging from the arguments aswell as the facts on record is that the FIR has been registered on the statementof mother of the deceased. The deceased died at her matrimonial house No.K-80, JJ Camp, Tigri, New Delhi. The mother of the deceased is resident ofvillage Rajakpur, Disttt & PO Amroha, Uttar Pradesh and she came to Delhion being informed by family members of the petitioner. The petitionerimmediately took the deceased to the hospital where she was declared dead.As per viscera report, no poison is given to the deceased. The post-mortem

report does not show any external injury to attribute the physical violencequa against the present petitioner or his family members at the matrimonialhouse. The investigation has already been completed and the petitioner isstated to be in judicial custody since 08.06.2016. No purpose would be servedif the petitioner is kept in judicial custody as the trial is likely to take sometime. Consequently, the petitioner is granted bail on his furnishing bail bondin the sum of Rs.25,000/- with one surety of the like amount to the satisfactionof the concerned Court below with the condition that he shall not influence theprosecution witnesses; he shall not tamper the prosecution evidence and heshould not leave India without prior permission of the Court below.

The present bail application is allowed and disposed of accordingly.However, this order shall not affect the merit of the case.