Delhi High Court - Orders

Uma Lamba vs State Of Nct Of Delhi on 9 April, 2025

Author:
Neena Bansal Krishna

Bench:
Neena Bansal Krishna

$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1421/2025
UMA LAMBA .....Petitioner
Through: Mr. N. Hariharan, Senior Advocate
with Mr. Siddharth S. Yadav, Mr.
Rahul, Ms. Kashish Ahuja, Mr.
Ayush Kumar singh, Ms. Sneha
Bakshi, Mr. Rahul Yadav, Mr. Aman
Akhtar, Mr. Vinayak Gautam, Ms.
Sona Singh, Ms. Vasundhra N., Mr.
Himanshu Seharawat and Ms. Rekha
Punya, Advocates.
versus

STATE OF NCT OF DELHI .....Respondent
Through: Mr. Shoaib Haider, APP for the State.

CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER

% 09.04.2025
CRL.M.A. 11083/2025 (Exemption)

1. Exemption allowed, subject to all just exceptions.

2. The Application stands disposed of.

BAIL APPLN. 1421/2025

3. First Bail Application under Section 482 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (erstwhile
Section 438
of the Code of Criminal
Procedure, 1973) has been filed on behalf of the Applicant, Uma Lamba for
grant of Anticipatory Bail and release on Bail in the event of arrest in FIR
No. 0705/2024 under
Section 498A
/
/
of the Indian Penal Code, 1860

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and
Section 85
/
/
3(5)
of the Bharatiya Nyaya Sanhita, 2023, dated
03.12.2024 registered at Police Station Palam Village, District South-West.

4. The Applicant had approached the learned Sessions Court seeking
Anticipatory Bail, however, the same was dismissed vide Order dated
01.04.2025.

5. At the outset, it is submitted that the Applicant is a law abiding citizen
and has clean antecedents. She is 21 years old and is currently pursuing her
M.Sc. from IGNOU. It is asserted that she has been wrongly and falsely
implicated in the present case, being the sister of Pankaj Lamba, the main
accused who was the husband of the Complainant‟s daughter/Ms. Harshita
Barela (since deceased).

6. Pankaj Lamba and Harshita Barela got married on 22.03.2024
according to Hindu rights and ceremonies, in an arranged marriage. It was
alleged by the Complainant that the co-accused and his family had subjected
the Complainant‟s daughter and her family to cruelty and harassment
connected to dowry demand, even prior to the solemnisation of their
marriage.

7. After the marriage, the co-accused moved to the United Kingdom,
while the Complainant's daughter moved into her matrimonial home in
Dharoli. She was allegedly subjected to harassment and cruelty, which led
her to leave the matrimonial home and stay at her parental house. She later
moved to Corby City, United Kingdom, on 30.04.2024, where the cruelty
persisted until her death on 14.11.2024. The Complainant was informed
about her death on 15.11.2024.

8. It is further submitted that the co-accused, Satinder Kumar who is the
uncle of the Applicant, has been granted interim protection in the subject

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FIR by this Court, subject to him joining the investigation.

9. The Applicant, submits that the FIR does not disclose any allegation
of cruelty/harassment at the instance of the Applicant "soon before the
death" which resulted the dowry death. The deceased had moved to United
Kingdom shortly after her marriage and there was thus, no proximate and
live link between the alleged dowry death and cruelty being meted out
against the Applicant. Thus, addition of 304B
IPC
to the FIR is prima facie
false and holds no water.

10. Reliance has been placed on the case of
Manohar Lal vs. State of
Haryana
, (2014) 9 SCC 645 wherein the Hon‟ble Supreme Court held that
"Facts must show existence of proximate live link between the effect of
cruelty based on dowry demand and death of victim".

11. Reliance has also been placed
Balwant Singh and Anr. vs. State of
Punjab
, (2004) 7 SCC 724, the Hon‟ble Supreme Court held that since one
of the ingredients of the offence under
Section 304B
IPC is that cruelty
should have been meted out to the deceased soon before her death, it is for
the prosecution to establish affirmatively that the victim was subjected to
cruelty and harassment based on dowry demand soon before her death.

12. It is submitted that the Applicant has clean antecedents and she
undertakes that she will not flee from justice if is admitted to Bail and is
ready and willing to co-operate with administration of justice.

13. Furthermore, the grant of Bail is a norm and refusal thereof is
exception and the Courts should exercise the discretion of Bail judicially and
the Bail should not be denied to an accused only as a punishment.

14. Thus, it is prayed that Anticipatory Bail be granted to the Applicant.

15. In the Status Report filed on behalf of the State before the learned

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Sessions Judge wherein it is submitted by the Complainant, Mr. Satbir
Singh, the father of the deceased, namely, Ms. Harshita Barela that she was
not treated well by her husband and her in-laws and they intended to kill her
for money. It was also mentioned that Rs.15,00,000/- were paid to the
family of Mr. Pankaj Lamba for visa of UK in September, 2024. The
deceased filed a domestic violence Complaint against her husband, Mr.
Pankaj Lamba, for beating in dowry demands. It was further stated that on
10.11.2024 at 10:00 p.m, his daughter made a video call to him wherein she
was continuously crying and was saying that she be taken away or her
husband may kill her. Sister-in-law, Ms. Uma also used to threaten her on
phone call from India. The Statement of the parents of the deceased, namely,
Smt. Sudesh and Complainant, Mr. Satbir Singh, were recorded by the SDM
on 30.11.2024 wherein they sated that dowry demands of huge cash and
jewellery was being made by the husband and his relatives from the
deceased since the date of her marriage and she was being regularly
harassed and tortured on this account. She was also threatened that in case,
the demands were not fulfilled, she would have to bear the consequences.

16. On 01.12.2024, the dead body of Ms. Harshita Barela was received in
India with CORONER‟S CERTIFICATE OF TRUE FACT OF DEATH, in
which the cause of death was mentioned as "Manual Strangulation"

(Pending toxicology and histology). On 03.12.2024, a penal of doctors
headed by Dr. B.N. Mishra, HOD Department of Forensic and Medicine,
DDU Hospital, gave a recommendation that "the post-mortem was
conducted on the same day by prevailed practice of autopsy through coroner
certification. As per produced certificate from concerned coroner, it is stated
that the deceased was died due to "manual strangulation", which is a

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"homicide" in nature. On the basis of the CORONER‟s Certificate initially,
the FIR No. 0705/2024 under
Section 498A
/
/
of the IPC was
registered at Police Station Palam Village, District South-West on
03.12.2024.

17. During the course of investigation, after obtaining the legal opinion,

Section 304B
of IPC was also added.

18. During the investigation, the Bank Account Statement of the deceased
was obtained and it was found that between 03.02.2024 to 17.02.2024,
around Rs.15,00,000/- were received in her Account, which were transferred
by the relative of the deceased‟s husband and between 24.04.2024 to
17.05.2024 about Rs.15,00,000/- had been transferred back to the Account
of said relative.

19. It was further stated that during the course of investigation, the
Complainant provided the e-mail sent to him by Independent Office for
Police Conduct (IOPC) UK Police Department wherein it was mentioned
that at 11:34 p.m., friend of women „A" informed the Nothamptonshire
Police that a call had been received from the husband of women „A‟
revealing that he has murdered her on 11th November and fled to India. The
women „A‟ was in her husband‟car parked at Ilford. The Police reported the
matter to Metropolitan Police, who traced the car at around 12:40 a.m. on
14th November, in which the women „A‟ was found dead. LOC of the main
accused, Mr. Pankaj Lamba was requested to be opened for which Letter
was addressed to Bureau of Immigration. During the investigation, LOC of
Mr. Pankaj Lamba has been opened vide No. 20244410032.

20. The Bail Application was opposed on the grounds that there were
specific allegations of demand of dowry and harassment; that the Petitioner

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had committed heinous crime of murder of the deceased in connivance with
the main Accused, Mr. Pankaj Lamba, who was also charged with rape,
sexual assault, coercive and controlling behaviour. The main Accused, Mr.
Pankaj Lamba is still absconding and proceedings under
Section 82
of
Cr.P.C. have been initiated. The Applicant, who is the sister of main
Accused, Mr. Pankaj Lamba, is absconding and NBWs have been obtained
against her. The other two co-accused, Satinder Kumar and Lalita are also
absconding. There is every apprehension of tempering of evidence,
threatening and influences of witnesses and also that the Applicant may also
abscond negating the entire trial. Furthermore, Ms. Sonia, sister of deceased
has filed W.P.(C) 1258/2025, which is listed before this Court on
08.05.2025.

21. It is submitted that the Bail Application is liable to be dismissed.

22. Submissions heard and the record perused.

23. The only allegation in the FIR made against the Applicant is that
when the marriage was being finalised, she had demanded a diamond ring.
Further, it is claimed that she also used to threaten the deceased while she
was in UK.

24. The deceased had joined her husband in UK and the unfortunate
incident of her demise also took place in UK. The Applicant is the sister of
the main Accused, Mr. Pankaj Lamba and essentially, the deceased had soon
after her marriage left to UK.

25. Learned APP for the State vehemently opposes the Anticipatory Bail
of the Applicant.

26. Essentially, the Applicant herein is the sister of the main accused,
who is the husband of the deceased. Applicant has clean antecedents and is

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only 21 years old.

27. Furthermore, no Notice under
Section 41A
CrPC has been issued to
the Applicant herein, due to which she has not joined the investigation.

28. Considering the totality of the circumstances, it is directed that in the
event of her arrest, the Petitioner shall be admitted to Anticipatory Bail by
the Investigating Officer/Arresting Officer, subject to the following
conditions:-

(i) The Petitioner shall furnish a personal bond in the sum of
Rs.25,000/- with one surety in the like amount to the
satisfaction of the Investigating Officer/Arresting Officer.

(ii) The Petitioner shall join the investigations, as and when
called by the Investigating Officer and shall co-operate during
the investigations.

(iii) The Petitioner shall furnish his cellphone number to the
Investigating Officer on which she may be contacted at any
time and shall ensure that the number is kept active and
switched-on at all times.

(iv) The Petitioner shall not contact, nor visit, nor offer any
inducement, threat or promise to any of the prosecution
witnesses or other persons acquainted with the facts of case.

(v) The Petitioner shall not tamper with evidence nor
otherwise indulge in any act or omission that is unlawful or that
would prejudice the proceedings in the pending trial.

29. The Petition stands disposed of in the above terms.

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Copy of the Order be sent to the learned Trial Court for compliance.

NEENA BANSAL KRISHNA, J
APRIL 9, 2025/RS

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