Akash v. State NCT Of Delhi

$~11 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2471/2016 AKASH ..... Petitioner Through Mr.Vikas Bhatia and Mr.Amit Balyan, Advs.

versus STATE NCT OF DELHI ..... Respondent Through Mr.Ashish Dutta, APP with Insp. Tej Ram, PS Bhajan Pura.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 07.12.2016 Arguments heard.

The present application has been filed by the petitioner/accused Akash for the grant of regular bail in FIR No.150/2016, under Section 306 IPC, Police Station Bhajan Pura.

The allegations levelled in the present case are that on 13.02.2016, an information regarding hanging of a woman was received in the police station. Police reached at the spot and found deceased Manisha lying dead on the floor. Mother and brother of the deceased were sitting near the deceased. It was found that deceased had hanged herself by loop of chunni. Concerned SDM of the area was called at the spot and statements of brother and mother of the deceased were recorded.

Post mortem on the dead body of the deceased was conducted and thereafter the instant FIR was registered

under Section 498A/304B/34 IPC. Petitioner/accused was arrested on 15.02.2016. After completion of investigation, charge sheet was filed in the Court.

Names of other in-laws of the deceased, though not arrested due to lack of evidence, were mentioned in the charge sheet. The trial court framed charge under Section 306 IPC against the petitioner/accused, whereas other accused persons were discharged. Counsel for the petitioner has argued that the only allegation against the petitioner is that he wanted to divorce the deceased, which led to commission of suicide by the deceased. It is further submitted that there is no other evidence or material against the petitioner. It is further submitted that the petitioner is behind the bars since 15.02.2016 and he may be released on bail.

Upon going through the material available on record, it is apparent that the marriage of the petitioner/accused with the deceased was solemnized on 29.04.2015. There are specific allegations against the petitioner that he told the deceased that he would divorce her. Apparently, this was the reason which compelled the deceased to commit suicide. Such type of threat to a married lady cannot be taken lightly which led to her taking the extreme step of committing suicide. Keeping in view the above mentioned facts and circumstances and the seriousness of offence, this Court is not inclined to release the petitioner on bail.

Consequently, the present bail application is dismissed. P.S.TEJI, J DECEMBER 07, 2016/dd