Mr. Alok Dev, Advocate v. THE STATE NCT OF DELHI ANR

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3397/2025 PARAMESHWARI DAYAL .....Petitioner Through: Mr. Alok Dev, Advocate versus THE STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Shoaib Haider, APP CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 28.10.2025 1. The present Application is filed under Section 483 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’) has been filed by the Applicant/Paramweshwari Dayal seeking grant of Regular Bail in FIR No. 319/2025 dated 09.07.2025, for offences punishable under Sections 80(2)/85/3(5) of the Bharatiya Nvaya Sanhita, 2023 (hereinafter refererd to as ‘BNS’) registered at Police Station Ashok Nagar. 2. It is submitted that the Regular Bail Application filed before the learned Court of Sessions, was dismissed on 18.08.2025. It is further submitted that the Petitioner has been falsely implicated in the case as he has not committed any offence and is a respectable individual having clear antecedents and deep roots in society 3. As per the case of the Prosection, the Complaint was made by Nanhe Lal (father of deceased Varsha Devi), whose marriage was solemnized on 14.06.2020 with co-accused Nem Chandra (husband of deceased). Soon after the marriage there were dowry demands and consequent cruelty committed on the deceased Varsha Devi. 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 30/10/2025 at 12:05:57

4. On 08.07.2025, the husband of deceased Varsha Devi called the Complainant and informed him that suicide has been committed by their daughter. On a Complaint filed by Nanhe Lal, the present FIR was registered. 5. The Applicant, who is Brother-in-Law of co-accused (sister’s husband), resides separately in a different residence and has claimed that he has been falsely implicated in this case. He used to infact, help the deceased with her medication despite which he has been falsely implicated in this case. From the first day of marriage, the deceased was treated well and was not compelled to do the household chores. When the family members of the husband of deceased came to know about the ill mental health of deceased, they confronted her family members but did not get any satisfactory reply and they ignored the request on one pretext or the other. 6. It is submitted that in the first three years, she was being treated for her mental health. Husband of deceased (Varsha Devi) shifted to Delhi for her treatment and got the treatment done in Lady Harding Medical College, Delhi. The Applicant, who is the brother-in-law, was on good terms with the deceased and he never intervened in the marriage of deceased and her husband Nem Chandra. He was completely shocked when he to know the demise of Varsha Devi. 7. There is no evident proof against him, no specific role has been assigned and no Complaint of any kind had ever been filed by the deceased since the day of the marriage. 8. The Applicant undertakes to abide by the terms of the Bail. Therefore, the prayer is made for grant of Bail. 9. Status Report has been filed on behalf of the State in the Court 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 30/10/2025 at 12:05:57 today, the same be taken on record. 10. In the Status Report, the details of the FIR have been mentioned. It is further submitted that the husband of deceased has produced 29 pages of deceased’s medical treatement documents. She had been receiving neurological treatment at Lady Harding Medical College, Delhi for about 1.5 years and suffered from seizures. 11. During the investigation, co-accused Nem Chandra (husband of deceased) was arrested and his Disclosure Statement was recorded, wherein he admitted that he and his family members used to harass the deceased for dowry. 12. The Post-Mortem Report has been collected and viscera has been sent to FSL for chemical analysis. The Anticipatory Bail of co-accused, Priyanka, sister of the deceased husband has been dismissed on 22.07.2025 by the learned Court of Sessions. 13. Subsequent Bail had been withdrawn from this Court and she had applied for Regular Bail which has also been dismissed by learned ASJ on 18.08.2025. 14. It is further submitted that Notice was served upon parents and in-laws of deceased, who reside in Village Pipariya Mandan, Tehsil Bilaspur, U.P., but they were not found at their residence. Co-accused Babita, Priyanka (both Sisters-in-law of deceased) and Ramwati (Mother-in-law of deceased) are absconding and have not joined the investigation. 15. The Chargesheet has already been filed in the Court against Nem Chandra and Parameshwari/Applicant. The Supplementary Chargesheet against the other co-accused, shall be filed after the FSL Report is obtained. Submissions heard and record perused. 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 30/10/2025 at 12:05:57

16. As per the FIR, the allegations are against the husband, who had made a demand of Rs.50,000/-. There are no specific allegations against the Applicant. 17. He is in Judicial Custody since 05.08.2025. The Chargesheet stands filed against him. The Applicant is the brother-in-law of deceased, who is admittedly living in separate residence. 18. Considering his incarceration and that the trial is likely to take long, the Petitioner/Accused is granted Regular Bail, on the following terms and conditions: a) The Petitioner/Accused shall furnish a personal bond of Rs.50,000/- and one surety of the like amount, subject to the satisfaction of the learned Trial Court; b) The Petitioner/Accused shall appear before the Court as and when the matter is taken up for hearing; c) The Petitioner/Accused shall provide his mobile number/ changed mobile number to the IO concerned which shall be kept in working condition at all times; d) The Petitioner/Accused shall not indulge in any criminal activity and shall not communicate or intimidate the witnesses; and e) In case the Petitioner/Accused changes his residential address, the same shall be intimated to learned Trial Court and to the concerned I.O. 19. The copy of this Order be communicated to the concerned Jail Superintendent, as well as, to the learned Trial Court. 20. The Bail Application is accordingly disposed of. Pending Application, 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 30/10/2025 at 12:05:57 if any, also stands disposed of. NEENA BANSAL KRISHNA, J. OCTOBER 28, 2025 p’ma