Sanjay v. State Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 753/2015 SANJAY ..... Petitioner Through:

Mr. Rajesh Khanna and Mr. Kushal Raj Gupta, Advs.

versus STATE OF NCT OF DELHI ..... Respondent Through:

Mr. Amit Ahlawat, APP for State along with SI Ved Prakash, P.S.

Bhalswa Dairy.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 19.05.2015 Bail Appln. 753/2015 Petitioner's wife committed suicide by hanging herself from ceiling fan on 23rd October, 2013. She committed suicide within seven years of her marriage. Room where the dead body of deceased was found, was locked from inside and it was the police who broke open the door. Learned Additional Public Prosecutor submits that parents and brother of deceased, in their statements recorded under Section 161 Cr.P.C. have specifically alleged that after the marriage, petitioner, his father-Shukh Chand and mother-Renu used to torture the deceased for bringing dowry. They taunted her that why steel utensils were given instead of bronze utensils.

Immediately after the marriage, petitioner and his parents taunted that they had demanded a motorcycle but only a bicycle was given. 3-4 days prior to the death of deceased they had gone to meet the deceased when she informed that petitioner used to spend most of the time with his sister-in-law with whom he was having illicit relations.

Learned counsel for the petitioner has contended that supplementary statements were recorded after four months of the incident wherein a coloured version has been given, as an afterthought. Allegations of demand of dowry have been made in the supplementary statements recorded on 25th February, 2014. He further contends that statements of mother and brother of deceased were recorded by the SDM during the inquest proceeding wherein mother and brother of deceased did not allege that petitioner used to demand dowry and used to maltreat the deceased. At that stage they have categorically stated that deceased did not complain about harassment at any stage. Mother of deceased has categorically stated in her statement before the SDM that even on 22nd October, 2013 she had a talk with her daughter on telephone when her daughter informed that she was keeping well. The only allegation made was that once or twice deceased had complained that her in-laws were demanding bronze utensils.

Petitioner is in incarceration for the last one and a half years. Investigation is complete and charge-sheet has been filed. Keeping in mind totality of the circumstances, petitioner is admitted to bail subject to furnishing a personal bond in the sum of `25,000/- with one surety in the like amount to the satisfaction of the trial court. Bail application is disposed of in the above terms. Dasti.

A.K. PATHAK, J.

MAY 19, 2015 ga