Point of Law: Cruelty and Dowry Death - Bail granted - In suicide note shows that there are no specific allegations against petitioner. Whatever allegations are there, either in FIR or in suicide note, they are totally general in nature with no specific date or specific act or demand or any cruelty, either physically or mentally.

ORDER :

RAJNISH BHATNAGAR, J.

1. The present bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No. 28/2021 under Sections 304B/498A/34 IPC registered at Police Station Shaheen Bagh.

2. In brief, the facts as per the case of the prosecution are that on 01.02.2021, PCR calls were received vide DD Nos. 26A and 27A and information regarding murder was received. It is further alleged that the deceased was taken to CRIBS Hospital, Shaheen Bagh, where mother of the deceased, namely, Farida Begum and her sister Saba Khan were present. Husband of the deceased, namely, Amir Ali and father-in-law of the deceased, namely, Abid Ali were also present at the hospital. It is alleged that, at the scene of crime, i.e., at Flat No. C-278/2, 1st Floor, front side, Shaheen Bagh, New Delhi, brother-in-law – petitioner herein, along with his friend Shanur Rehman were found present. Room of the deceased was inspected by crime team and photographs of the crime scene were also taken. It is further alleged that one suicide note allegedly written by deceased was also recovered from the rack of the headboard of bed. In the said suicide note, deceased had leveled allegations against her husband and in-laws. Thereafter, the suicide note was seized at the spot and dead body of the deceased was sent to AIIMS Hospital for preservation. It is further alleged that the concerned SDM was also informed about the incident and family members of the deceased were produced before Ld. SDM. As per the direction of SDM, the Executive Magistrate of Defence Colony, recorded the statements of the family members of the deceased. Farida Begum (Mother), Saba Khan (sister) and Afrin Begum (sister) levelled allegations of harassment, torture and dowry demands against the husband and in-laws of the deceased. Accordingly, FIR No. 28/2021 under Section 498A/304B/34 IPC was registered at Police Station Shaheen Bagh, New Delhi.

3. In the FIR, it is stated by Ms. Farida Begum, mother of the deceased, that marriage of her daughter (deceased herein) was solemnized with Amir Ahsan Ali in the year 2019. At the time of Nikah, they demanded to change some food items in menu as per their choice and demanded AC and Car. They also demanded money and told her that since they are living in a rented house they want money to purchase a house. She has further alleged that they tortured her daughter mentally and physically, like not giving food to her daughter and did not allow her to go to her mother’s home. They also used to quarrel over petty matters, and during pregnancy she was forced to do household works. It is further alleged that on 13.01.2021, her daughter was beaten by her husband with electric wire. It was alleged that her daughter gave birth to a baby girl so she was again tortured mentally and physically. It is further alleged that on 31.01.2021, deceased informed her mother on phone that her in-laws are not providing her food and locked her in a room. It is further alleged that on 01.02.2020, in the morning, accused Amir Ali called her elder daughter Saba on phone and informed that deceased is not getting pulse, and she along with her daughter reached at CRIBS Hospital where Amir Ali was found sitting alone and her daughter was found dead.

4. I have heard learned counsel for the petitioner and learned APP for the State. I have also perused the records.

5. It is submitted by learned counsel for the petitioner that petitioner is an innocent young man and has been falsely implicated in this case. It is further submitted by him that petitioner is the brother-in-law of the deceased and there are no specific allegations against the petitioner in the FIR. It is further submitted that even in the alleged suicide note, which according to the prosecution was left behind by the deceased, there are no specific allegations against the present petitioner. It is further submitted that there are chances of the petitioner getting terminated from his