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2020 DIGILAW 1159 (DEL)

Santosh Devi v. State

2020-09-08

SANJEEV SACHDEVA

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JUDGMENT Sanjeev Sachdeva, J. - Petitioner seeks regular bail in FIR No.195/2019, under Sections 498-A/304-B/34 IPC, P.S.Dayalpur. 2. Subject FIR was registered on the complaint of complainant one Mr. Raghudaan, s/o. Sh. Inderdaan, father of the deceased. As per the FIR petitioner who was the mother-in-law and her son (husband of the deceased) used to demand dowry and also beat and harass her. It is contended that the complainant had also given a sum of Rs. 2,30,000/- at the time of marriage. 3. Learned counsel for the petitioner submits that the petitioner is an aged lady of about 55 years and has already undergone incarceration for one year and a month as on today. 4. Learned counsel for the petitioner submits that the allegations against the petitioner are mere bald allegations. Learned counsel further submits that the co-accused i.e. the husband of the deceased has been granted interim bail in Bail Appln. No.1712/2020 by order dated 27.07.2020 on his medical condition. 5. The complainant is also present in Court and represented by his counsel. Complainant submits that he has no objection in case petitioner is granted bail. 6. Without commenting on the merits of the case and keeping in view the facts and circumstances of the case and also the fact that petitioner is aged 55 years and is a lady and has undergone 1 year and 1 month of incarceration and further that the report of the Jail Superintendent shows that the jail conduct of the petitioner is good, on petitioner furnishing a bail bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the concerned Trial Court/Duty MM, petitioner shall be released on bail if not required in any other case. Petitioner shall not do anything that may prejudice the trial or the prosecution witnesses. 7. Application is allowed in the above terms. 8. Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email.