Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: I.A. No. 01/2023
S.C. No. 360/2023
FIR No. 458/2023
U/s 498-A/304-B/34 IPC
Police Station: Harsh Vihar
State vs. Jitin
Video Conferencing Link of the Court is functional.
09.01.2024
Order on Bail Application
Present: Shri Pradeep Kumar, Ld. Addl. PP for State.
Shri Ravinder Kumar, Ld.Counsel for accused/applicant
Shri Amit Kumar, Ld. Counsel for complainant
Parents of victim in person.
IO/Insp. Vineet in person.
1. This is an application u/s 439 Cr.P.C for grant of regular
bail moved on behalf of applicant/accused.
2. Reply is already on record.
3. It is stated by Ld. Defence counsel that
accused/applicant has been falsely implicated in the present case by
parents of deceased/victim. It is stated that accused/applicant has
been undergoing judicial custody since 07.08.2023. It is stated that
investigation of the present case is complete and chargesheet stands
filed. It is stated that matter is pending at the stage of consideration
on Charge. It is stated that deceased was never harassed or
humiliated at the hands of accused/applicant and no dowry demand
was ever made by the accused/applicant. It is stated that trial of the
present case may take long time and due to this reason
accused/applicant cannot be incarcerated for any further period. It is
stated that accused/applicant shall abide by all the conditions
imposed by the Court, if ordered to be released on bail.
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4. The bail application has been opposed by Ld. Addl. PP
for State assisted by IO arguing that there are serious allegations
against the accused/applicant and therefore, his bail application be
dismissed.
5. Submissions heard. Record perused.
6. This Court has carefully perused the statement of
complainant Raj Kumari recorded by the Executive Magistrate,
Seemapuri which resulted in registration of FIR. It must be noted
that there are allegations not only against accused/applicant but there
are similar allegations against five other family members of
accused/applicant to have caused harassment of deceased/victim for
demand of dowry.
7. The marriage of victim with accused/applicant was
solemnized on 14.05.2021 and the victim committed suicide on
06.08.2023.
8. There are categorical allegations against
accused/applicant for demand of cash amount and a motorcycle. It is
also the allegation that accused/applicant used to extends beatings to
her. Prosecution has also relied upon the statements of witnesses
other than complainant.
Further, there appears another angle to the alleged
dispute between husband and wife. It is the argument of Ld. Defence
counsel that victim had an extra marital affair and she was
counselled to stay away from the said person. He has also relied
upon an audio-video footage of the victim allegedly admitting such a
relationship. It is noted that the said footage is not part of the
chargesheet and was never handed over to the IO for confirming its
authenticity during investigation. It is observed that such unverified
audio-video footage cannot be relied upon to grant the benefit of bail
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to accused/applicant. Further, the argument that victim committed
suicide due to her relationship out of marriage, is a triable issue and
cannot be considered convincing to nullify the allegations of dowry
death, at the stage of bail.
9. In the opinion of this Court, the categorical allegations
against accused/applicant cannot be ignored. Further, there is a
presumption u/s 113-B of Indian Evidence Act against
accused/applicant which can also not be lost sight of. Taking note of
overall facts and circumstances of this case, no ground to allow the
application is made out. Accordingly, bail application is dismissed.
10. Application is disposed of accordingly.
11. Order dasti.
12. In compliance of directions of Hon’ble Supreme Court
in case titled ‘In Re: Policy Strategy for Grant of Bail’, Writ
Petition (Crl.) No. 04/2021 dated 31.01.2023, copy of this order be
sent to applicant through concerned Jail Superintendent for
information.
(ARVIND BANSAL)
Addl. Sessions Judge-05 (Shahdara)
Karkardooma Courts, Delhi/09.01.2024
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