Friday, June 20, 2014

Want freedom? keep 7 lakhs ready. NO matter you are innocent ! poor guys DONT marry series

Husband is bringing all dowry articles to police station but wife is refusing to take them !!
Dowry articles exactly match what wife has prepared as list !!
Still husband to keep seven lakhs as Fixed deposit with the court !!! IF he wants freedom
Special thanks to Masculist GD Diwan who alerted me to this case !! ; ;

This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
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Bail application No. 700

State Vs. Nitin Sharma

FIR No. 83/2013

PS: Kirti Nagar

U/s: 498­A/406/34 IPC



Ld. counsel Shri H.S. Sharma for the applicant­accused.

Ld. Chief Public Prosecutor Shri B.S. Kain for the State with

the Investigating Officer SI Vandana. ; ;
Ld. counsel Shri Vishnu Sharma for the complainant.

Report submitted by the Investigating Officer pursuant to the

order dated 26.02.2014 to submit that though the applicant­accused Nitin
Sharma had come with the articles of the dowry as per the admitted list
given by the parties, the complainant refused to accept the articles stating
that they did not belong to her. The Investigating Officer in reply to a
specific Court query has stated that no list of articles brought by the
applicant­ accused was prepared when they were brought to the police
station for return but that articles brought by the applicant­accused for
return are the same as per the admitted list of the parties bearing date
21.12.2012, photocopy of which be filed. ; ;

On behalf of the complainant it has been submitted that

there have been repeated demands of dowry made by the applicant­
accused Nitin Sharma and his family members in order to harass and
coerce the complainant. It has also been submitted on behalf of the
complainant that the articles of dowry / istridhan of the complainant are
still in the possession of the applicant­accused and that the original bills
in relation to the purchase of articles of dowry are also in possession of
the complainant, copies of which have been supplied to the Investigating
Officer. ; ;

On behalf of the applicant­accused Nitin Sharma it has been

contended that all the articles of dowry / istridhan have already been
returned except those as per the admitted list adverted to hereinabove,
which have been taken by the applicant­accused to the police station for
return but were not accepted by the complainant.

A perusal of the record indicates that parties have previously

been directed to appear before the ld. Judge Incharge, Mediation Centre,
Tis Hazari but no report till date has been received from the Mediation
Centre and a submission was made on 26.02.2014 on behalf of either side
that the mediation proceedings have not succeeded and that there is no
date fixed at the Mediation Centre.

On a consideration of the totality of circumstances of the

case and the rival submissions made on behalf of either side, subject to
the applicant­accused depositing a sum of Rs. seven lacs in the form of
an FDR in the Court of learned Chief Metropolitan Magistrate (West)
within a period of 10 days from today, the disbursal of which would be
subject to the outcome of trial in FIR No. 83/2013 PS Kirti Nagar, the
applicant­ accused in the event of arrest is allowed to be released on bail
on his filing a bail bond in the sum of Rs. one lac with one surety of the
like amount to the satisfaction of the IO / SHO concerned, with the
directions that he shall join the investigation of the case as and when
required by the Investigating Agency and shall not leave the country
without permission of the Court and shall not tamper with the evidence
in any manner.

District & Sessions Judge (West)


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