Delhi High Court - Orders

Disha vs State Nct Of Delhi on 28 May, 2024

Author:
Jyoti Singh

Bench:
Jyoti Singh

$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1762/2024
DISHA ..... Petitioner
Through: Mr. Hirein Sharma, Mr. Vimal Tyagi,
Mr. Aniket Gupta, Mr. Balaji Pathak and
Mr.Tripurari Jha, Advocates.

versus
STATE NCT OF DELHI ..... Respondent
Through: Ms. Shubhi Gupta, APP with
Inspector Deepak, PS: Wazirabad, for State.

CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER

% 28.05.2024

1. This application has been filed for grant of anticipatory bail under

Section 438
Cr.P.C. on behalf of the applicant in case FIR No.367/2024
dated 10.05.2024 registered under
Section 498A
/
304B
/
IPC at PS:

Wazirabad.

2. Status Report is handed over in Court and taken on record. As per the
case of the prosecution, on 09.05.2024 at 6:50 PM an information was
received vide DD No. 119 from Tirath Ram Hospital that a patient namely
Pallavi, aged 28 years was admitted in the Hospital by her husband Ansul
vide MLC No. 1517/2024 and was declared brought dead by the doctor. The
case was marked to ASI Sanjay for necessary action and on reaching the
hospital and making enquiries, it was found that deceased Pallavi had
hanged herself from a ceiling fan with the help her chunni in her bedroom at
House No. 104, First Floor, Gali No.8 Sant Nagar Burari, Delhi. Pallavi had

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got married to Anshul on 16.02.2023 and the death was within 7 years of
marriage. Family members of deceased, who were present at the hospital
levelled allegations that her husband and in-laws had tortured her for dowry.
Concerned SDM was informed telephonically and dead body was preserved
at Subzi Mandi Mortuary.

3. It is stated that crime team visited the place of incident where
inspection was conducted and photographs were taken. Exhibits were seized
and deposited at the Malkhana through seizure memos. On 10.05.2024,
Post-mortem was conducted at the Mortuary in the presence of Executive
Magistrate, Civil Lines vide PM No. 580/24, who also recorded the
statement of the mother of the deceased and the body was handed over to the
family members.

4. On 10.05.2024, present FIR was registered on the statement of Smt.
Sundari Devi, mother of the deceased. In her statement, complainant stated
that she has five children (3 daughters and 2 sons). Her daughter Pallavi was
married to Anshul and in the marriage, complainant and her family had
spent according to their capacity and had given all household goods and
jewellery but Pallavi's husband and in-laws were not satisfied and tortured
and harassed her for bringing less dowry and kept demanding more and
more, especially a car, on the ground that Anshul was the only son of his
parents and held the status of a Government servant. Pallavi also complained
that Anshul would come home drunk and physically beat her. She also
narrated that on 29.04.2024 her husband had spoken to Pallavi's father-in-
law requesting him to send her to the parental house as her mother was ill.
Pallavi came but was soon asked to return back to her matrimonial home,
despite her mother being ill and forced by the in-laws, Pallavi went back on

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07.05.2024. Complainant stated that on 08.05.2024 Pallavi telephoned her
and informed that her husband and in-laws were harassing her badly.
Complainant and her husband decided to visit her matrimonial home on
10.05.2024 to resolve the issues but before that on 09.05.2024 they received
a phone call from Pallavi's father-in-law that she had committed suicide by
hanging. Complainant categorically stated that Pallavi's husband and in-
laws had a role to play in her alleged suicide as they had been regularly
harassing and torturing her for dowry.

5. It is stated that thereafter, present FIR was registered and
investigation was initiated, wherein statements of witnesses were recorded
and evidences collected. On 11.05.2024, co-accused Anshul and his father
Karm Singh were arrested and are in Judicial Custody. Investigation has
brought forth sufficient incriminating material against the applicant, who is
the Nanad of the deceased and was residing in the same house. Post-mortem
report of deceased Pallavi has been received which reflects presence of a
brownish coloured dark abraded hard Panchmentised incomplete ligature
mark around the neck of length 30 cm and width varying 1 cm-3 cm, 7.5 cm
from chin and 6 cm at sterna notch. The distance of the mark from the right
and left angle of mandible is 2 cm-2.5 cm respectively. Two crecentric
abrasions were found, one over the lower lip. Session Court has dismissed
the bail application of the applicant looking at the seriousness of the
allegations and the role attributed to the applicant.

6. Counsel for the applicant states that the applicant is innocent and has
no role to play in the alleged suicide of the deceased Pallavi. It is stated that
the applicant is a young girl, aged 27 years and is unmarried and her
incarceration will ruin her entire life. There are no allegations of dowry

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against the applicant which is evident from a bare reading of the FIR. It is
urged that applicant has never made any attempt to evade the process of law
and it is a natural reaction to shift out of the known place of residence, if an
FIR is registered. Applicant is willing to join investigation and cooperate
therein. Reliance is placed on the judgments of Co-ordinate Benches of this
Court in Smt. Vinni v. The State, Bail Appln.
208/2022, decided on
08.03.2022; and
Shiksha @ Shashi Kiran v. State of NCT of Delhi, Bail
Appln
. 1029/2023, decided on 28.07.2023.

7. On the other hand, Ms. Shubhi Gupta, learned APP submits that the
allegations against the applicant are grave and serious. Marriage between
Anshul and deceased was solemnised on 16.02.2023 and the deceased
committed suicide on 09.05.2024, i.e. within 14 months from the date of
marriage. It will be incorrect for the applicant to argue that there are no
allegations against the applicant. Statement of the complainant is replete
with instances where she stated that the deceased had confided in her that
her in-laws including the applicant were torturing and harassing her for less
dowry and repeatedly demanding more dowry, especially a car as per their
status as Anshul was the only son and had a Government job. It is urged that
applicant is not joining investigation and is evading the process of law.
Learned APP is emphatic that there are specific and serious allegations
against the applicant that she pressed the neck of the deceased and this could
only be with a motive to kill the deceased. Investigating Officer has made
several efforts to contact the applicant to join investigation but as per the
statements of the neighbours, applicant and her mother both have not been
seen since the registration of the FIR. Judgments relied upon by learned
counsel for the applicant are distinguished on facts arguing that there can be

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no precedent in bail matters as each case has to be decided on its own facts,
circumstances, seriousness of allegations, role ascribed to the accused etc.

8. I have heard learned counsel for the applicant and learned APP for the
State and examined their rival submissions.

9. Before proceeding to deal with the present case, it would be useful to
refer to an order in the case of
Lavesh v. State NCT of Delhi, Bail Appln
.
No.1602/2011, decided on 05.12.2011, where the FIR was registered under

Section 498A
/
304B
IPC and Petitioners were real sister and brother of the
husband of the deceased, respectively.

Application for grant of pre-arrest
bail was dismissed by the Court relying on the judgement of the Supreme
Court in
Samunder Singh v. State of Rajasthan and Others
, (1987) 1 SCC

466. Challenge to the order declining bail was unsuccessful in the Supreme
Court looking at the nature and gravity of the accusations, possibility of the
applicant fleeing from justice, etc.
In
Samunder Singh
(supra), the Supreme
Court made a very significant observation that dowry deaths are even now
treated with some casualness and that High Court should not have exercised
the discretion to grant anticipatory bail, disregarding the magnitude and
seriousness of the matter. The matter regarding the unnatural death of the
daughter-in-law at the house of her in-laws was still under investigation.
Relevant paragraph of the judgement is as under:-

"The widespread belief that dowry deaths are even now treated with some
casualness at all levels seems to be well grounded. The High Court has
granted anticipatory bail in such a matter. We are of the opinion that the
High Court should not have exercised its jurisdiction to release the
accused on anticipatory bail in disregard of the magnitude and
seriousness of the matter. The matter regarding the unnatural death of the
daughter-in-law at the house of her father-in-law was still under
investigation and the appropriate course to adopt was to allow the
concerned magistrate to deal with the same on the basis of the material
before the court at the point of time of their arrest in case they were

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arrested. It was neither prudent nor proper for the High Court to have
granted anticipatory bail which order was very likely to occasion
prejudice by its very nature and timing. We therefore consider it essential
to sound a serious note of caution for future. The High Court is under no
compulsion to exercise its jurisdiction to grant anticipatory bail in a
matter of this nature. So far as the present matter is concerned, since it has
become infructuous, we do not propose to pass any order. Subject to these
observations, the appeal is dismissed."

10.
In the case of
Ms. Preeti v. The State (Govt. of NCT of Delhi
), 2016
SCC OnLine Del 2325, this Court declined to grant Anticipatory Bail to the
mother-in-law and sister-in-law of the deceased who died an unnatural death
and FIR was registered under
Sections 498A
/
304B
/
IPC. Court observed
that the deceased had committed suicide within four and a half years from
the date of marriage. Petitioners were not co-operating with the investigation
and the case was still at the initial stages.

11. In the present case, marriage between deceased Pallavi and Anshul
was solemnized on 16.02.2023 and the unnatural death has taken place in
less than 14 months from the date of marriage, which raises a statutory
presumption under
Section 113B
of the Indian Evidence Act, 1872 and

Section 304-B
IPC, as rightly contended by the learned APP. Mother of the
deceased has made serious and pointed allegations against the Applicant
also, who is the sister-in-law of the deceased and lived in the same house.
Allegations of dowry demand, harassment, mental and physical torture have
been clearly levelled including a repeated demand for a car. Significantly,
there is a serious allegation against the applicant that she pressed the neck of
deceased on an earlier occasion. Post-mortem report indicates that there are
two crecentric abrasions, one present over lower lip, which may be pointers
to some physical assault prior to the alleged hanging by the fan. I find prima
facie merit in the submission of learned APP that there is sufficient

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incriminating evidence against the applicant, who was residing in the same
house as the deceased. Status Report reveals that despite efforts by the
Police, applicant has successfully evaded arrest till date and has not joined
investigation. The seriousness of the allegations; role ascribed to the
applicant; factum of death of the deceased in about 14 months of marriage;
statements of the mother of the deceased regarding repeated demands of
dowry and torture of the deceased; and the matter being at a nascent stage
are some of the factors which dissuade this Court to exercise discretion in
favour of the applicant and grant pre-arrest bail.

12. Insofar as the judgments relied upon by counsel for the applicant are
concerned, none of them are even close to the facts of the present case.
Moreover, each bail application has to be decided on the given facts and
circumstances and as mentioned above, facts of this case do not aid the
applicant.

13. Bail Application is, accordingly, dismissed.

14. Needless to state no observation in this order will be construed as an
expression on the merits of the case.

JYOTI SINGH, J
MAY 28, 2024
B.S. Rohella

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