The seriousness of the allegations and the specific nature of the charges against the petitioner influenced the court's decision in declining to grant bail.

P.S. TEJI, J.

1. By this petition filed under Section 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr. P.C.) the petitioner seeks bail in FIR No.285/2012 under Section 498-A/304-B/302/406/34 of IPC, at Police Station Nangloi, Delhi.

2. The case at hand, is yet another case in which a married lady took her life in her matrimonial home by hanging herself and that too within 7 years of her marriage with the petitioner herein.

3. The present case was registered at the instance of Mrs. Satyawati, i.e. mother of the deceased – Satyam Yadav. It is stated that the marriage of her daughter was solemnized with the son of the petitioner on 16.02.2010. The incident in question is of 08.11.2012 when an information vide DD No.13A was received at Police Station Nangloi, Delhi alleging therein that one lady had committed suicide by hanging herself at House NO.96, Ahir Mohalla, Nangloi, Delhi and the same was marked to Sub-Inspector Pankaj Saroha for further action into the matter. He reached the spot alongwith Constable Binay and found that one lady namely Satyam Yadav was hanging from a ceiling fan with the help of a chunni on the first floor of the above said house. One girl Vanshika @ Vansu, aged about one and half years was also shifted to Satya Bhama Hospital Nangloi, Delhi where she was declared brought dead due to strangulation vide MLC No.924/2012. Since the death was within the span of seven years of marriage, the SDM Punjabi Bagh was informed, who recorded the statement of family members of deceased. Thereafter, FIR No. 285/2012 under Section 498-A/304-B/302/406/34 of IPC was registered at Police Station Nangloi, Delhi.

4. During the investigation, post mortem was conducted and the cause of death was opined to be due to asphyxia as a result of ante mortem ligature strangulation. Thereafter, body of deceased was handed over to the parents of the deceased.

5. Learned counsel for the petitioner contended on behalf of the petitioner that the petitioner is in custody since the last four and a half years, i.e., since 23.11.2012 and all the family and independent witnesses have been examined. The application for seeking bail has been rejected by the learned Additional Sessions Judge vide order dated 18.01.2017, wherein the petitioner had sought parity with co-accused Lal Ram Yadav, who has been granted bail by the learned Additional Sessions Judge in the present case. It is further contended that the evidence recorded so far cannot be evaluated at this stage, as the essential ingredients to make out a case punishable under Section 498A of IPC are absent, and as such, no offence punishable under Section 304B can be made out against the petitioner. It is further contended that the daughter of the petitioner is of a marriageable age and there is no one in the family to look after her. Therefore it is prayed that the petitioner be granted bail in the present case.

6. Learned Additional Public Prosecutor appearing on behalf of the State opposed the aforesaid contentions made on behalf of the petitioner. It is contended on behalf of the State that the death of the victim was within the period of 7 years of marriage and she was mentally and physically harassed by her in-laws, which compelled her to take her life by hanging herself from the ceiling fan. Regarding the cause of death, the death of the victim was opined to be due to asphyxia as a result of ante mortem ligature strangulation.”

7. Accordingly, charge sheet has been filed and till date, 21 witnesses out of 29 witnesses have been examined. It is further stated that though the father-in-law of the deceased has been granted anticipatory bail by the learned Additional Sessions Judge vide order dated 04.01.2017, it was on the ground that Lal Ram Yadav was a known social worker of the area and he preferred his daughter in law (victim herein) as a potential candidate for the constituency, where the applicant was engaged in social work. The learned Additional Sessi