Delhi High Court - Orders

Shubham Garg vs State Gnct Of Delhi And Anr on 16 July, 2024

Author:
Neena Bansal Krishna

Bench:
Neena Bansal Krishna

$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 618/2024
SHUBHAM GARG .....Petitioner
Through: Mr. Diwanshu Sahgal, Advocate.

versus

STATE GNCT OF DELHI AND ANR .....Respondents
Through: APP for the State with ASI Jitender
Kumar, PS Bhajanpura, New Delhi.
Mr. Amit Kumar and Mr. Prakhyat
Sharma, Advocates for Complainant.

CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER

% 16.07.2024

1. The Anticipatory Bail Application under
Section 438
CrPC, has been
filed on behalf of the petitioner, for grant of anticipatory bail for the offence
under FIR No. 139/2024 under
Sections 498A
/
/
of the IPC and 3/4 of

Dowry Prohibition Act
, registered at Police Station Bhajanpura, District
Central, Delhi.

2. It is submitted in the application that the petitioner is the husband of
the respondent No. 2. The petitioner got married to the respondent No.2 on
09.12.2021. The present FIR got registered on 02.02.2024 against the
petitioner and four other family members i.e. the father-in-law, mother-in-
law, sister-in-law and brother-in-law. All other applicants have been granted
bail on 09.02.2024, by the learned ASJ, while the Bail Application of the

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petitioner, Mr. Shubham Garg, has been rejected.

3. The respondent No.2/wife has made voluminous complaints to the
police and has manipulated and fabricated a big story about incidence but
has not cited any incidences in which she was bodily shamed, tortured
mentally or physically.

4. It is submitted that the petitioner is willing to join the investigation, as
and when called by the IO. Furthermore, he undertakes not to tamper any
evidence and abide by any other terms that may be imposed by the Court.
Hence, the anticipatory bail under
Section 438
CrPC is sought.

5. The interim protection was granted to the petitioner by this Court vide
Order dated 23.02.2024. He has joined the investigation on 24.02.2024 and
16.03.2024, when he was called by the IO. The IO, who is present in the
Court, submits that he has not called the petitioner thereafter. No custodial
interrogation of the accused is required.

6. The objections have been filed on behalf of the complainant/wife,
who has given the details of the incident of 21.02.2022, on which date
allegedly the petitioner had slapped and assaulted her. Similar incidents have
also been narrated. The petitioner's attitude is claimed to be inconsiderate
and in contempt of the directions of this Court. The bail application is,
therefore, seriously opposed on behalf of the complainant.

7. Submissions heard.

8. This is a case where the FIR No. 139/2024 under
Sections
498A
/
/
of the IPC and 3/4 of
Dowry Prohibition Act
, Police Station
Bhajanpura, District Central, Delhi, has been registered on the allegations
made by the complainant of being subjected to cruelty and assault, after her
marriage. The accused is the husband, who has joined the investigation as

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and when called by the IO. No custodial interrogation is sought by the IO.
Considering the totality of the circumstances, it is directed that in the event
of his arrest, the applicant/petitioner shall be released forthwith, with the
following conditions:-

a) The applicant/petitioner shall furnish a personal bond in the
sum of Rs.25,000/- with one surety of the like amount, to the
satisfaction of the Investigating Officer/Arresting Officer.

b) The applicant/petitioner shall not contact, nor visit, nor offer
any inducement, threat or promise to any of the prosecution witnesses
or other persons acquainted with the facts of case. The petitioner shall
not tamper with evidence nor otherwise indulge in any act or omission
that is unlawful or that would prejudice the proceedings in the
pending trial.

c) The applicant/petitioner shall join the investigations as and
when directed by the IO.

d) The applicant/petitioner shall produce all the requisite
information, documents in his power and possession, as and when
directed by the Investigating Officer.

9. The Petition is disposed of accordingly.

NEENA BANSAL KRISHNA, J
JULY 16, 2024/RS

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 17/07/2024 at 21:46:02