MAYANK PATHAK Vs. STATE

JUDGEMENT

(1.) BY virtue of this application under Section 439 Cr.P.C., the petitioner seeks regular bail in case FIR No. 386/2013 u/s 498A/313/406/34 IPC registered with Police Station Rani Bagh, District North West.

(2.) IT is submitted by Sh. Ramesh Gupta, learned senior counsel for the petitioner that the petitioner is in custody for the last 90 days. The petitioner never raised any demand of dowry. The complainant used to pressurise the petitioner to purchase his own house in Delhi or to get the property bearing No. BP -143, Shalimar Bagh, Delhi transferred in her favour. The present criminal proceedings is a dishonest and fraudulent design on the part of the complainant to achieve her illegal motive and design. On 6th February, 2013, the complainant had visited Dr. Krishna Sangwan at Rohtak and ultrasound report of the complainant was OK and on 10th February, 2013, the ultrasound was perfect. So there is no question of causing any bleeding. Although it is alleged that the abortion took place on 10th February, 2014 but the documents placed on record show that till 23rd February, 2014, everything was normal. No document has been filed when abortion took place. It is yet to be seen whether the offence under Section 312/313 is made out or not. Under the circumstances, the petitioner cannot be kept in jail for an indefinite period. As such, he be released on bail.

(3.) THE application is vehemently opposed by Ms. Ritu Gauba, learned Additional Public Prosecutor for the State duly assisted by Sh. Sunil K. Mittal, Advocate for the complainant. It was submitted that the petitioner and his family members made several demands and father of the complainant gave around Rs. 25 lacs to them on different dates pursuant to the demand. On 6th February, 2013, on the occasion of birthday of the petitioner, he demanded i -phone from the complainant and when she failed to give the same, she was given beatings causing bleeding resulting in miscarriage. It was further submitted that all the stridhan articles are lying with the petitioner and despite the fact the efforts were made by Hon'ble Supreme Court also where the anticipatory bail application was filed by the petitioner, he remained adamant and did not return any of the articles. It was further submitted by the counsel for the complainant that the police officials are colluding with the family members of the petitioner inasmuch as despite serious allegations against the father, mother and sister of the petitioner, no effort is being made to arrest them.