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Naresh Kumar and ors. Vs. State (Nct of Delhi) and anr.

Naresh Kumar and ors. vs State (Nct of Delhi) and anr.

Disposition Anticipatory bail granted Court Delhi Decided Nov 06, 2001
~1 min read
https://sooperkanoon.com/case/708822

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Citation
Court
Delhi High Court
Judge
Decided On
Case Number
Crl. Misc. (Main) No. 3368 of 2001
Subject
Criminal
Disposition
Anticipatory bail granted

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code, 1973 - Section 438 r/w 498-A, IPC--Anticipatory bail--Cruelty by husband and relatives of husband--Contention that allegations made in FIR are vague inasmuch as date, month and year of alleged demand and beating have not been disclosed--Supplementary statement of complainant, wherein some of...

Key legal issue
Criminal
Outcome / disposition
Anticipatory bail granted
Acts & sections
Code of Criminal Procedure (CrPC) , 1973 - Sections 438; Indian Penal Code (IPC), 1860 - Sections 34 and 498-A

Parties & Advocates

Appellant / Petitioner

Naresh Kumar and ors.

Advocate M.N. Dudeja, Adv

Respondent

State (Nct of Delhi) and anr.

Advocate Arun Rathee, Adv.

Legal References

Acts
Code of Criminal Procedure (CrPC) , 1973 - Sections 438; Indian Penal Code (IPC), 1860 - Sections 34 and 498-A
Reported In
95(2002)DLT92; I(2002)DMC51; 2002(61)DRJ273

Excerpt

criminal procedure code, 1973 - section 438 r/w 498-a, ipc--anticipatory bail--cruelty by husband and relatives of husband--contention that allegations made in fir are vague inasmuch as date, month and year of alleged demand and beating have not been disclosed--supplementary statement of complainant, wherein some of the instances of demand and infliction of cruelty have been disclosed--instances were within the knowledge of complainant on the date of complaint--anticipatory bail granted. - - 10,000/- with the surety in like amount each to the satisfaction of sho/i.order1. petitioner no. 1 is the husband, petitioners 3 and 4 are parents-in-law and petitioner no. 2 is brother-in-law of smt. geeta on whose complaint dated 12th july, 2001 made to crime against women cell, case under section 498-a was registered on 14th july, 2001. contention advanced by mr. alvi is that allegations made in fir are vague inasmuch as date, month and year of alleged demand and beating have not been disclosed therein. however, on the other hand, shri kapoor has invited my attention to the supplementary statement of complainant recorded on 27th july, 2001 wherein some of the instances of demand and infliction of cruelty have been disclosed. obviously those instances where within the knowledge of complainant on the date she made complaint on 12th july, 2001. in the facts and circumstances of case, petitioners are admitted to anticipatory bail. in the event of their arrest, they will be released on furnishing personal bond in the sum of rs. 10,000/- with the surety in like amount each to the satisfaction of sho/i.o. concerned. they will, however, join investigation as and when required by the i.o. dusty.2. anticipatory bail granted.

Full Judgment

ORDER

1. Petitioner No. 1 is the husband, petitioners 3 and 4 are parents-in-law and petitioner No. 2 is brother-in-law of Smt. Geeta on whose complaint dated 12th July, 2001 made to Crime Against Women Cell, case under Section 498-A was registered on 14th July, 2001. Contention advanced by Mr. Alvi is that allegations made in FIR are vague inasmuch as date, month and year of alleged demand and beating have not been disclosed therein. However, on the other hand, Shri Kapoor has invited my attention to the supplementary statement of complainant recorded on 27th July, 2001 wherein some of the instances of demand and infliction of cruelty have been disclosed. Obviously those instances where within the knowledge of complainant on the date she made complaint on 12th July, 2001. In the facts and circumstances of case, petitioners are admitted to anticipatory bail. In the event of their arrest, they will be released on furnishing personal bond in the sum of Rs. 10,000/- with the surety in like amount each to the satisfaction of SHO/I.O. concerned. They will, however, join investigation as and when required by the I.O. dusty.

2. Anticipatory Bail granted.

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