Shyam Lal v. State

$~10 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 3008/2018 and Crl.M.A.50128/2018 SHYAM LAL ..... Petitioner Through:

Mr. Joydeep Sarma, Advocate with Mr. Shailender Negi, Mr. B.S. Tiwari, & Mr. Harish Shukla, Advocates versus STATE ..... Respondent Through:

Mr. Amit Ahlawat, APP for the State with SI Jagdish Singh, PS Burari.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 19.12.2018 Status report filed.

The involvement of the petitioner in offences allegedly committed they being punishable under Sections 452/306/506/324/34 of the Indian Penal Code, 1860 (IPC) are subject matter of investigation of case FIR No.478/2018 of Police Station Burari, registered on the complaint of Prem Kumari Sharma, mother of Shilpa, who committed suicide by hanging on 22.10.2018, one day after an incident wherein allegations of involvement of the petitioner have been levelled. There is documentary proof in the form of DD entry No.63-A, followed by MLC recorded on 21.10.2018 of the deceased prima facie confirming the said previous incident, as per the allegations, it having occurred upon the petitioner and his two sons named Amar Tiwari and Sanjay having knocked at the door of the house of the deceased, during absence of other members of the family, on pretext of engaging her in a talk respecting earlier conduct of the said Amar Tiwari. BAIL APPLN. 3008/2018

It is stated that when the girl had opened the door on the request of the petitioner, he along with his said sons had committed assault on her person, she having been injured with the help of a sharp object by the said Amar Tiwari, the petitioner having caught hold of her from behind. Even if the allegations of abetment of suicide were to be kept aside, having regard to the circumstances concerning the offences under Sections 452/506/324/34 IPC, it is hardly a case for the petitioner to be admitted to anticipatory bail. He is directed to join the investigation forthwith. The petition and the application filed therewith are dismissed. R.K.GAUBA, J.

DECEMBER 19, 2018 vk BAIL APPLN. 3008/2018