Delhi High Court - Orders

Nitin vs State Of Nct Of Delhi on 21 December, 2023

$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 4106/2021

NITIN ..... Applicant
Through: Mr. Rohit Singh, Mr. Sujit Kumar,
Mr. Prince Kumar and Mr. Vikram
Singh, Advocates.

Versus

STATE OF NCT OF DELHI ..... Respondent
Through: Mr. Ajay Vikram Singh, APP for
State with Insp. G. R. Meena, PS
Swaroop Nagar.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER

% 21.12.2023

1. The applicant, vide the present application under
Section 439
of the
Code of Criminal Procedure, 1973 [
CrPC
] seeks regular bail in FIR
No.0043/2018 dated 01.02.2018 registered under Section(s) 498A/304B/
34 of the
Indian Penal Code
, 1860 [
IPC
] at PS.: Swaroop Nagar, North
West District, Delhi.

2. As per FIR, the deceased person namely Babita and the applicant
got married on 08.12.2016. Sometime in the evening of 31.01.2018, the
parents of the deceased person were informed by the parents of the
applicant that the deceased person had committed suicide by hanging
herself from the ceiling fan. Thereafter, on the statement of the mother of
the deceased person, the present FIR came to be registered on the very
next day and the applicant was arrested on 01.02.2018.

BAIL APPLN. 4106/2021 Page 1 of 6

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3. Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present FIR; and that the testimonies of the
parents of the deceased person have already been recorded, which reflect
that the applicant was not at all involved in the death of the deceased
person and further that their statements recorded before the SDM as well
as before the learned Trial Court reflect only vague allegations as regards
demand of dowry and cruelty meted out to the deceased person; and that
there is no suicide note or any other documentary evidence other than the
uncorroborated testimony of the mother of the deceased person; and that
there is no proximate link with the cruelty, if any, meted out to the
deceased person, as such, the offence under
Section 304B
of the IPC is not
made out against the applicant; and that the applicant satisfies the triple
test for grant of bail; and that as per the SDM Report, the applicant was
not even present at the place of the incident and lastly that since at least 12
out of the 15 witnesses have already been examined before the learned
Trial Court and since the trial is likely to take a considerable time to
conclude, therefore, in the interest of justice, the applicant ought to be
released on bail.

4. This Court, vide its order dated 22.11.2021, issued Notice and
called for the Status Report. Additionally, Nominal Roll was also
requisitioned from the concerned Jail Superintendant. Further, vide order
dated 27.04.2023, the latest Nominal Roll was requisitioned from the
concerned Jail Superintendant.

5. Learned APP for the State, while opposing grant of bail submits that
the offence(s) as alleged in the FIR are serious in nature; and that the time
gap between the date of marriage and the date of death of the deceased

BAIL APPLN. 4106/2021 Page 2 of 6

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person is just over a year and the same raises a serious suspicion upon the
role of the applicant; and that the complainant in her statement before the
SDM had raised the allegations as regards demand of dowry and cruelty
meted out to the deceased person; and that the parents of the deceased
person have supported the case of the prosecution; and lastly that since
there are only 2 more formal witnesses left to be examined, therefore, the
trial is likely to conclude soon, as such, the applicant, ought not to be
granted bail in the present application.

6. As per Nominal Roll, as on 26.05.2023, the applicant has been in
judicial custody for a total period of 2 years, 9 months and 5 days. Further,
the overall jail conduct of the applicant has been „Satisfactory‟.

7. This Court has heard the learned counsel for the parties and also
perused the documents on record.

8. An offence under
Section 304B
of the IPC, involved in the present
proceedings, has to have the basic ingredients as laid out therein. Firstly, it
is presupposed that "cruelty" has been meted out to the deceased person.
Secondly, the said cruelty is to be coupled with a "demand of dowry". In
essence thereof, any demand of dowry has to be the reason for such
cruelty. Thus, for drawing any such presumption under
Section 304B
IPC,
it is necessary that the deceased person was subjected to such cruelty or
harassment in connection with any demand of dowry soon prior to his/ her
death.

9. In the present proceedings, there are no allegations of that kind.
Thus, there are no elements regarding demand of dowry by the applicant
during the time period when he was married to the deceased person. There
was never anything, much less any formal complaint, made as regards to

BAIL APPLN. 4106/2021 Page 3 of 6

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any cruelty or demand of dowry at any point of time during the time
period when the deceased person was married to the applicant and was
indeed residing with him. The same holds much significance while this
Court is considering grant of bail to the applicant.

10. Furthermore, it is also a matter of fact that the present is not a case
involving a suicide note.

11. In the present proceedings, the applicant has already been behind
bars for a period of almost 3 years and since the trial is likely to take some
time to conclude, therefore, it shall be in the interest of justice, if the
applicant is released on bail.

12. No doubt, though the applicant has been named in the FIR as an
accused, however, till the final outcome of the proceedings emanating
therefrom, the status of the applicant is merely that of a suspect. The
applicant is innocent till proven guilty. As such, keeping the applicant
languishing behind bars during such time, would serve no fruitful purpose.
Also, the same shall be a violation of
Article 21
of The Constitution of
India [Re.:
Hussainara Khatoon & Ors vs Home Secretary, State Of
Bihar
(1980) 1 SCC 81;
Satender Kumar Antil vs. Central Bureau of
Investigation
(2022) 10 SCC 51].

13. Thus, considering the aforesaid factual scenario coupled with the
legal position at hand, in the interest of justice, this is a fit case to release
the applicant on bail.

14. Accordingly, the applicant is released on bail in FIR No.0043/2018
dated 01.02.2018 registered under Section(s) 498A/304B/34 of the
IPC
at
PS.: Swaroop Nagar, North West District, Delhi, subject to him furnishing
a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand Only)

BAIL APPLN. 4106/2021 Page 4 of 6

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along with one surety of the like amount by a family member/ friend
having no criminal case pending against them and subject to the
satisfaction of the learned Trial Court, and further subject to the following
conditions:

i. Applicant shall not leave the National Capital Territory of
Delhi without prior permission of this Court and shall ordinarily
resideat the address as per prison records. If he wishes to change is
residential address he shall immediately intimate about the same to
the Jail Superintendent by way of an affidavit.

ii. Applicant shall surrender his passport to the Investigating
Officer, within three days. If he does not possess the same, he shall
filean affidavit before the Investigating Officer to that effect within
the stipulated time.

iii. Applicant shall appear before the Court as and when the
matter is taken up for hearing.

iv. Applicant shall join investigation as and when called by the
Investigating Officer concerned. He shall not obstruct or hamper
with the police investigation and shall not play mischief with the
evidence collected oryet to be collected by the Police.

v. Applicant shall provide all his mobile numbers to the
Investigating Officer concerned which shall be kept in working
condition at all times and shall not switch off or change the mobile
number without prior intimation to the Investigating Officer
concerned. The mobile location be kept on at all times.
vi. Applicant shall report to the Investigating Officer at PS.:

Swaroop Nagar, North West District, Delhi once in the first week

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of every month unless leave of every such absence is obtained
from the learned Trial Court.

vii. Applicant shall not indulge in any criminal activity and
shall not communicate with or come in contact with any of the
prosecution witnesses, the victim or any member of the victim's
family or tamper with the evidence of the case or try to dissuade
them from disclosing such facts to the Court or to any police
officials.

15. Accordingly, the present application is allowed and disposed of
alongwith the pending application, if any, in the above terms.

16. Copy of this order be forwarded to the concerned Jail
Superintendent for information and compliance forthwith.

17. Needless to say, the observations made on the merits of the matter,
if any, are purely for the purposes of adjudication of the present
application and shall not be construed as expressions on the merits of the
matter.

SAURABH BANERJEE, J
DECEMBER 21, 2023/akr

BAIL APPLN. 4106/2021 Page 6 of 6

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 26/12/2023 at 21:32:15