Final Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 1
Bail Matter No. 1736/2025
STATE GNCTD Vs. TEK CHAND
Bail Matter No. 1737/2025
STATE GNCTD Vs. DEVENDER
Bail Matter No. 1738/2025
STATE GNCTD Vs. ASHOK KUMAR
Bail Matter No. 1739/2025
STATE GNCTD Vs. TEJ SINGH
FIR No. 575/2025
PS (Harsh Vihar)
U/S 406/498A/34 IPC
01.12.2025
Present: Sh. Jitendra Sharma, Ld. Addl. PP for the State.
Sh. Parmanand Jaint, Ld. Counsel for the applicants /
accused.
Sh. Nitin Ld. Counsel for the victim along with
victim in person.
IO ASI Ombir Singh in person.
These are the applications U/s 482 BNSS moved
on behalf of applicants/ accused persons namely Tek Chand,
Devender, Ashok Kumar and Tej Singh for grant of
anticipatory bails.
A common reply to the present anticipatory bail
applications filed by IO. Same is taken on record. Copy of the
same supplied to Ld. Counsel for applicants/ accused persons.
Arguments on the present anticipatory bail
applications, heard.
Put up the present anticipatory bail applications for
orders at 4:00 pm.
(Gajender Singh Nagar)
Special Judge, NDPS
Shahdara Distt./KKD/01.12.2025
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At 4.00 p.m.
ORDER
1. Vide this common order, the undersigned shall decide four
anticipatory bail applications U/s 482 BNSS moved on
behalf of applicants/ accused persons namely Tek Chand,
Devender, Ashok Kumar and Tej Singh for grant of
anticipatory bail.
2. It is contended by Ld. Counsel for applicants/ accused
persons that the applicant / accused persons are in-laws of
the victim. It is contended that the victim and her husband
have been debarred by family members of the husband. A
suit for permanent and mandatory injunction has also been
filed against the complainant and her husband who are
residing away from the the present applicants / accused
persons. As a counter blast the present FIR has been lodged.
Even earlier an application u/s 156(3) CrPC has been moved
against the applicants / accused persons which was
dismissed by the Court and evidence is going on in that
case. Thus due to family / property dispute the present case
has been filed to pressurize the applicants / accused persons.
Their custodial interrogation is not required in the present
matter. It is pointed out that in Arnesh Kumar Vs State of
Bihar the Hon’ble Supreme Court has stated that in cases
punishable for 7 years or less bail should be normally
granted. It is pointed out that all the offences in the present
case are punishable with less than seven years of
imprisonment. Hence, it is requested that anticipatory bail
may kindly be granted to applicants/ accused persons.
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3. Ld. counsel for the complainant has opposed the bail
application on the ground that all of in-laws except her
husband are demanding Ertiga car and dowry articles from
complainant. Further her Jaith and Devar had misbehaved
with her. Thus bail may not be given to the applicants /
accused persons as they harassed her, and may threaten her.
4. The present bail application has been opposed by Ld. Addl.
PP for the State on the ground that the Matter is at initial
stage.
5. The undersigned put a question to the IO whether any notice
served on the applicants / accused persons to which it is
replied by the IO that he had telephonically informed them
to join the investigation but has not served any notice to
them.
6. Heard. Record perused.
7. Considering the fact that sections attracted in the present
FIR are u/s 498A/406 IPC. None of the offences in question
is punishable with imprisonment for more than seven years.
Further there is history of pendency of litigation between
the parties. Generally in the cases of dowry demands it is the
husband who demands dowry along with family. However
in the present case there are no allegations against the
husband / complainant.
8. In such circumstances, the applicants/ accused persons
namely Tek Chand, Devender, Ashok Kumar and Tej Singh,
are admitted to anticipatory bail and in case of their arrest,
they may be released on furnishing their personal bonds in
the sum of Rs. 15,000/- each with one surety each of the like
amount to the satisfaction of IO/ SHO/ Ld. Judicial
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Magistrate First Class/ Link Judicial Magistrate First Class/
Duty Judicial Magistrate First Class concerned, subject to
the conditions mentioned herein below: -
i) That the applicants/ accused persons shall join the
investigation as and when required by the IO or as directed
by the Court;
ii) That the applicants/ accused persons shall convey
any change of address immediately to the IO and to the
Court;
iii) That the applicants/ accused persons shall not leave
the Country without prior permission of the Court;
iv) That the applicants/ accused persons will not induce/
threaten the complainant/ victim, her family and witnesses
or tamper the evidence, in any manner;
v) That the applicants/ accused persons shall not
indulge in/ commit any kind of activities as alleged against
them in the present case;
vi) That the applicants/ accused persons shall attend the
Court proceedings regularly.
9. Nothing expressed here-in-above, shall tantamount to any
opinion on the merits of this case.
10.Copy of this order be given dasti to Ld. Counsel for
applicants/ accused persons and to the IO, as per rules.
(Gajender Singh Nagar)
Special Judge (NDPS Act)
Shahdara, Karkardooma Courts
Delhi/01.12.2025
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