Chanderwati v. State

$~7 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2092/2016 CHANDERWATI ..... Petitioner Through :

Mr. Sandeep Vishnu, Adv.

versus STATE ..... Respondent Through :

Dr.

M.

P.

Singh, APP with SI Dhanajay Kumar PS Tilak Nagar.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 29.03.2017 Learned counsel for petitioner submits that petitioner is mother-in-law of the deceased.

Petitioner is aged about 61 years and suffering from various ailments.

She is in custody for about 2 years.

She is receiving treatment from DDU hospital.

Public witnesses have already been examined. Petitioner has been falsely implicated by the parents of deceased. Reliance has been placed on Vinod Bhandari Vs. State of M.P., II (2015) SLT 66, Nitin Kumar Vs. State, 2015 IV AD (Delhi) 109, Kamal @ Kailash Joshi Vs.

State, MANU/DE/9705/2006 and Sanjay Chandra Vs.

CBI, (2012) 1 SCC 40. I find these judgments to be in the context of different facts.

Learned Additional Public Prosecutor has opposed the grant of bail.

He has contended that specific allegations have been levelled in the FIR by the parents of the deceased, who died within three months of the marriage. Deceased died when she was pregnant. It has been specifically alleged by the father of deceased that after 10-15 days of the marriage, petitioner and husband of deceased started demanding dowry and she was asked to bring bed, TV and motorcycle.

Deceased had come to his parents' house on 26th April, 2015. She disclosed that she was afraid of her mother-in-law and husband. She was taken back by her husband on 27th April, 2015. On 28th April, 2015, petitioner made a call to the father of deceased and complained that deceased used to keep lying on the bed. On 29th April, 2015, petitioner informed that deceased had fallen unconscious and removed to DDU hospital. Learned Additional Public Prosecutor further submits that parents of the deceased have supported their version while deposing in Court as PW-1 and PW-2. Trial is at the advance stage. Keeping in mind the gravity of offence, I am not inclined to admit the petitioner on bail.

Application is dismissed.

A.K. PATHAK, J.

MARCH 29, 2017/dk