BAIL APPLN./558/2024 of MANISH TATAWAT @ MANISH Vs THE STATE NCT OF DELHI

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ BAIL APPLN. 558/2024

MANISH TATAWAT @ MANISH

..... Petitioner Through: Mr. Surender Kumar Sharma, Adv.

versus

THE STATE NCT OF DELHI ..... Respondent Through: Mr. Ajay Vikram Singh, APP with Insp. Darshan Lal (SHO), SI Harash and SI Braham P.S.: Sultanpuri.

Prakash,

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTAO R R% 08.04.2024

1.An application under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioner for grant of regular bail in FIR No. 0174/2023, under Sections 498A/304B/34 IPC, registered at PS: Sultanpuri, Delhi and the proceedings emanating therefrom.

2.In brief, as per the case of prosecution, PCR call was received vide DD No. 50A dated 18.02.2023 regarding suicide committed by deceased. During investigation, the statement of family members of deceased was recorded, who alleged demands of dowry by the petitioner and other family members and also stated that deceased Gyatri @ Geeta was subjected to cruelty by her husband, father-in-law and other family members, i.e. mother-in-law, brother-in-law, sister-in-law (Jethani) and sister of petitioner. 3.Learned counsel for the petitioner referring to testimony of PW-1 Bimla (sister of deceased) submits that there are several contradictions and

loopholes in her examination in chief as well as cross-examination. It is urged that there is none to take care of two daughters of the deceased. Also, the date of marriage is disputed and it is submitted that on the date of suicide, more than 07 years had lapsed from date of marriage. It is also disputed in case, Prem Wati is the mother of the deceased.

4.On the other hand, application is vehemently opposed by learned APP for the State on the ground that allegations regarding demand of dowry have been supported by the witness. It is urged that father of deceased is yet to be cross-examined, along with mother of deceased and in case, the petitioner is released at this stage, witnesses may be influenced.

5.Since two of the material witnesses are yet to be examined / cross-examined, it cannot be ruled out that they may be influenced, if petitioner is released on bail at this stage. Also, considering the statement of PW-1 Bimla and keeping in perspective the nature of allegations, without expressing any opinion on the merits of the case, the bail application is dismissed at this stage, with liberty to petitioner to approach afresh, after recording of statement of material witnesses.

Application is accordingly disposed of. Pending applications, if any, also stand disposed of.

APRIL 08, 2024/R

ANOOP KUMAR MENDIRATTA, J.