Ajay Singh v. State

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + AJAY SINGH ..... Petitioner Through:

Mr.Jaideep Malik & Mr.Aman Saroha, Advocates versus STATE ..... Respondent Through:

Ms.Alpana Pandey, APP for the State with SI Gaurav PS Jahangir Puri

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 11.03.2016 1.

By way of this application filed under Section 439 read with Section 482 Cr.P.C., the petitioner, who is husband of deceased Annu, is seeking bail in case FIR No.325/2014 under Sections 498-A/304-B IPC registered at PS Jahangir Puri.

2.

On behalf of the petitioner, Mr.Jaideep Malik, Advocate has submitted that in this case there was no allegations of dowry demands by the petitioner. Rather in the FIR, which was registered on the basis of statement made by Smt. Dropati, mother of the deceased, it is mentioned that there was no specific demand for dowry by the in-laws of her daughter. Learned counsel for the petitioner has also submitted that material witnesses in this case have already been examined. The petitioner is in custody in this case since 3rd May, 2014 and no purpose would be served by further keeping him

in custody hence he may be released on bail.

3.

Ms.Alpana Pandey, APP for the State while opposing the prayer for bail of the petitioner has submitted that petitioner is involved in a heinous crime i.e. dowry death. The wife of the petitioner committed suicide within two years of her marriage due to harassment being caused to her by the petitioner.

4.

The contents of FIR reveal that deceased got married to the petitioner in August 2012 and immediately after the marriage the petitioner and his father demanded a sum of ` 2 lakhs stating that they would pay the interest on that amount. About one week prior to 2nd May, 2014 i.e. when Annu allegedly committed suicide, she had a talk with her mother and she complained about she being physically assaulted by the petitioner. Statement of Vikas Kumar, brother of the deceased has also been recorded by the police to the effect that about two months after the marriage of his sister with the petitioner, demand of ` 2 lakhs was made which they were unable to fulfil as they were not having the money.

He has also stated that about six-seven months prior to this incident a daughter was born to his sister and at that time the petitioner demanded a motorcycle. Though they agreed to give Hero Honda Splendour to fulfil the demand but petitioner insisted for Pulsar Motorcycle. Under the compelling circumstances and to meet the demand, Pulsar Motorcylce was purchased and the petitioner said that he would get the registration paper prepared himself. Later on they came to know that petitioner, Ajay Singh did not get the registration done in his name. The statements by the close family members of the deceased Annu are about she being allegedly harassed by the petitioner for not fulfilling the alleged demand.

5.

Thus, merely because the petitioner is in custody for about last two years is no ground to release him on bail at this stage in view of the serious nature of the offence for which he was charged. 6.

The prayer for release on bail is declined.

7.

The application is dismissed.

PRATIBHA RANI, J.

MARCH 11, 2016 'pg'