Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: SC 13/2024
STATE VS. ANINASH KUMAR
FIR NO.298/2023
PS: R.K. PURAM
u/S. 498-A/304-B IPC
14.03.2024
Present: Sh. Manoj Kumar Garg, Ld. Addl. PP for the State.
Sh. Faizan Ahmad and Ms. Sonali Sharma ld.
Defence Counsels for accused Avinash.
IO W/Inspector Manjusha is present.
This is the bail application of accused Avinash.
It is submitted by the Ld. Defence Counsel that there is no
specific allegation against the applicant for demanding dowry after
marriage. Except the complaint on the basis of which the present
FIR has been lodged, there is no other complaint against the
applicant during the subsistence of his marriage which was
solemnized on 11.12.2020 and the date when the wife of applicant
committed suicide on 06.09.2023. It is submitted that he is in JC
since 07.09.2023. He is the sole earning member of the family
comprising of his old aged parents and one minor child aged 2.5
years. He has no previous involvement or criminal antecedents. The
investigation in the matter is complete as chargesheet has been
filed. The trial would take long time as FSL result is still awaited. It
….contd.
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is prayed that he be released on bail. He is ready to abide by any
condition imposed by the court.
Per contra, the application is vehemently opposed by the Ld.
Addl. PP for the State on the ground that there are serious
allegations against the applicant. It is prayed that the application be
dismissed.
Heard, ld. Addl. PP for the State and ld. defence counsel and
perused the report of the IO. The accused is facing trial for the
offence under S. 498-A/304-B IPC. The matter is at the stage of
arguments on charge. The FSL result is still awaited. As per the
postmortem report, the provisional cause of death is ante-mortem
hanging by ligature.
Considering the fact that applicant is in JC since 07.09.2023;
has no previous involvement; has the responsibility of minor child
aged 2.5 years as there is no-one to look after the infant child, let
the applicant be released on bail on furnishing PB/SB in the
sum of Rs. 50,000/- and further subject to following conditions :
….contd.
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1. The applicant shall not leave Station without prior
permission of the Court.
2. The applicant shall intimate the Court by way of an
affidavit and to the Investigating Office regarding any
change in residential address.
3. The applicant shall appear as and when the matter is taken
up for hearing.
4. The applicant is directed to give his mobile number to the
Investigating Officer and keep it operational at all times.
5. The applicant shall not, directly or indirectly, tamper with
evidence or try to influence the witnesses in any manner.
Nothing stated herein above shall tantamount as an
expression of opinion on the merits of the case. The copy of the
order be given dasti to the ld. counsel for accused / applicant and
one copy of the order be sent to concerned Jail Superintendent to be
served upon the accused / applicant in compliance of Sanjay Singh
Vs. State (Govt. of NCT of Delhi), WP Cr. no. 974/2022.
Application is disposed off accordingly.
(KIRAN GUPTA)
Addl. Sessions Judge-04
Patiala House Courts
New Delhi/14.03.2024
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