Delhi High Court – Orders
Karam Singh vs State Nct Of Delhi on 8 January, 2025
Author: Amit Sharma
Bench: Amit Sharma
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3757/2024
KARAM SINGH .....Petitioner
Through: Mr. Hirein Sharma, Mr. Vimal Tyagi,
Mr. Tripurari Jha, Mr. Akshay Rathi,
Mr. Saurabh Goel, Mr. Paras Sharma
and Mr. Balaji Pathak, Advocates.
versus
STATE NCT OF DELHI .....Respondent
Through: Mr. Raghuvinder Verma, APP for the
State.
Insp. Deepak, PS Wazrirabad.
Mr. Sunil Kumar and Mr. Mukesh,
Advocates for complainant alongwith
complainant in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 08.01.2025
1. This hearing has been done through hybrid mode.
2. The present application under Section 439 of the CrPC read with
Section 483 of the BNSS has been filed seeking regular bail in FIR No.
367/2024, under Sections 304B/498A/34 of the IPC, registered at P.S.
Wazirabad.
3. The case of the prosecution as per the status report dated 03.12.2024 is
as under: –
“1. Most respectfully, it is submitted that on 09/05/2024 at 6:50 PM an
information vide DD No. 119 was received from Tirath Ram hospital
wherein it was mentioned that a patient namely Pallvi W/o Anshul R/o
H. No. 104 Gali No.8 Sant Nagar Burari, Delhi Age 28 years was got
admitted in the Hospital Vide MLC No. 1517/2024 by her husbandBAIL APPLN. 3757/2024 Page 1 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/01/2025 at 21:45:28
Ansul and got declared brought dead by doctor. The same was marked
to ASI Sanjay for further necessary action. He along with PSI Bharti
reached at Hospital and from the enquiry it was found that deceased
Pallvi W/o Anshul hanged herself from ceiling fan with the help her
chunni at H.No. 104, First Floor, Gali No.8 Sant Nagar Burari, Delhi
(in her bed room). She got married with Ansul on 16/02/2023. The
marriage is less than 7 years old and the family member of deceased
was present at hospital made allegations against her husband in-laws
regarding torture and cruelty for dowry, Hence concerned SDM was
informed telephonically. The dead body was preserve at Subzi Mandi
Mortuary.
2. Crime Team was visit at the place of incident and inspection was
conducted and photographs were also taken. Exhibits were seized and
deposit at Malkhana through seizer memos. On 10.5.2024 Postmortem
of deceased Pallvi was conducted at Subzi Mandi Mortuary in the
presence of Sh. Raman V R Ex. Magistrate Civil Line vide PM No.
580/24 and he also examined and got recorded the statement deceased
Pallvi’s mother. After the postmortem dead body of deceased was
handed over to her family members. During Postmortem exhibits were
seized by the doctor and same were taken into police possession through
seizure memo.
3. On 10.5.2024 a case vide FIR No. 367/2024 under section 498A/304-
B/34 IPC was registered at Police Station Wazirabad, Delhi on the
statement of Smt. Sundari Devi W/o Pritam Singh R/o H. No.
89/N.S.C.I Staff Quarter Purana Quila Raod New Delhi. In her
statement complainant stated that she has five children (3 daughters and
2 sons). Her daughter Pallavi was married with Anshul on 16.2.2023
and in her marriage she and her family has spent according to their
capacity and had given all house hold goods and jewellery but the
husband and in laws of her daughter were not satisfied with the same
and they used to torture and harass her on account of bringing less
dowry and used to ask her to bring more dowry from her parents on the
pretext that her husband is the only son of his parents and was
government servant. The complainant further stated that parents in laws
of Pallavi used to demand car for their son i.e. husband of the deceased.
She further stated that Pallavi had told her that Anshul comes home
after drinking and used to beat her. The complainant in her statement
further stated that on 29.4.2024 her husband telephoned father-in-law
of Pallavi and requested him to send Pallavi to her parental home to take
care of her mother as she was ill. Through they allowed Pallavi to go to
her parental home bus instructed her to return to her matrimonial homeBAIL APPLN. 3757/2024 Page 2 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/01/2025 at 21:45:28
on 2.5.2024. She further stated that though she was still ill, but husband
and in laws of Pallavi forced her to return to her matrimonial home and
so on 7.5.2024 they sent Pallavi to her matrimonial home. She further
stated that on 8.5.2024 Pallavi telephoned her and informed her that her
husband and in laws are harassing her very badly and so she and her
husband were planning to go to the matrimonial home of Pallavi on
10.05.2024 but on 9.5.2024 they received a phone call from the father
in law of Pallavi who informed them that Pallavi has committed suicide
by hanging herself. The complainant suspected that her daughter
committed suicide as her husband and in laws used to torture and harass
her on account of demand of dowry. All the accused persons including
the applicant started harassing the deceased for demand of a car, the
applicant with the husband of deceased had pressed the neck of
deceased.
4. That after the registration of FIR investigation was carried out.
During the course of investigation statements of witnesses were
recorded, evidences were collected. On 11.05.24 applicant herein and
co-accused/Anshul (husband of deceased) were arrested and after the
completion of investigation charge sheet was filed against all the
accused persons, including the daughter and wife of the applicant
herein. Presently the case is pending before the concerned court.”
4. Learned counsel appearing on behalf of the applicant submits that the
latter is the father-in-law of the deceased. It is further pointed out that the
chargesheet in the present case has been filed, wherein the mother-in-law, i.e.,
Seema, and sister-in-law, i.e., Disha, of the deceased have been arrayed as
accused in the present case without arrest. It is pointed out that the allegations
qua the present applicant are similar to that of the aforesaid accused persons.
5. Learned counsel appearing on behalf of the complainant submits that
the latter has no objection if the present applicant is granted bail and a reply
in this regard has already been filed on behalf of the complainant in which it
is stated that the complaint was made out of aggression as a consequence of
the demise of her daughter.
6. Learned APP for the State submits that the offence is grave in nature
BAIL APPLN. 3757/2024 Page 3 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/01/2025 at 21:45:29
and therefore, the applicant may not be granted bail.
7. Heard learned counsel for the parties and perused the record.
8. The allegations, as stated hereinabove, against the present applicant are
similar as against the other co-accused persons, namely, Seema (mother-in-
law) and Disha (sister-in-law). It is further noted that the investigation in the
present case is complete and chargesheet has been filed before the Court of
competent jurisdiction. The applicant has been in custody since 10.05.2024.
9. In the facts and circumstances of the present case, the present
application is allowed. The applicant is directed to be released on bail, on his
furnishing a personal bond of Rs. 50,000/- with one surety of like amount, to
the satisfaction of the learned Trial Court/Link Court, further subject to
following conditions: –
i. The applicant shall not leave India without prior permission of the
learned Trial Court.
ii. The applicant shall intimate the learned Trial Court by way of an
affidavit and to the Investigating Officer regarding any change in
residential address.
iii. The applicant shall appear before the learned Trial Court as and when
the matter is taken up for hearing.
iv. The applicant is directed to give his mobile number to the Investigating
Officer and keep it operational at all times.
v. The applicant shall not, directly or indirectly, tamper with evidence or
try to influence the witness in any manner.
10. The present application is allowed and disposed of accordingly.
11. Pending applications, if any, also stand disposed of.
12. Needless to state that, nothing mentioned hereinabove is an opinion on
BAIL APPLN. 3757/2024 Page 4 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/01/2025 at 21:45:29
the merits of the case and any observations made are only for the purpose of
the present bail application.
13. Copy of the order be sent to the concerned Jail Superintendent for
necessary information and compliance.
14. Order be uploaded on the website of this court forthwith.
AMIT SHARMA, J
JANUARY 08, 2025/sn
Click here to check corrigendum, if any
BAIL APPLN. 3757/2024 Page 5 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 08/01/2025 at 21:45:29
[ad_1]
Source link