The court considered the proximity of alleged cruelty to the death and lack of specific allegations regarding dowry demands in granting bail to the petitioner.

JUDGMENT

Sudhir Kumar Jain, J.

1. The present bail application is filed under section 439 Cr.P.C (hereinafter referred to as "the Code") for grant of regular bail on behalf of Abhishek Kumar (hereinafter referred to as "the petitioner") in FIR bearing no.0166/2021 registered under sections 498A/306/34 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC") at P.S Tigri, Delhi.

2. It is reflecting from the records that the petitioner got married with Alka on 17.01.2019 at Arya Samaj Mandir without the consent of their parents. Alka (hereinafter referred to as "the deceased") has expired on 03.05.2021. Thereafter, at the instance of Pappi Devi (hereinafter referred to as "the complainant") who is the mother of the deceased, the present FIR was got registered under sections 306/498A/34 IPC.

2.1. It is alleged in FIR bearing no. 0166/2021 that the deceased got married with the petitioner against the consent and willingness of her parents in the year 2019. The petitioner and his parents, namely, Suman Devi and Ram Chandra and brother-in-law (dewar), namely, Sumit used to torture the deceased on account of dowry. The engagement ceremony of Akash who is the younger son of the complainant was fixed on 03.05.2021. The complainant had sent her two sons to bring the deceased at the parental home to attend the engagement ceremony of Akash but the petitioner did not allow them to meet with the deceased as such, sons of the complainant came back at their parental home without meeting the deceased. The petitioner and his mother Suman Devi (mother-in-law of the deceased) came at the parental home of the deceased at about 11:00 PM in the night on 03.05.2021 and left the deceased at the parental home. The physical condition of the deceased at that time was bad and on enquiry, she informed her parents that she was mercilessly beaten by the petitioner and his mother Suman Devi. In the night, the complainant and the deceased slept together in one room and in the morning, the complainant had gone out of the room to do the routine work. The complainant came back and called the deceased but she did not respond. The complainant had gone to the terrace where the deceased was not found. The complainant noticed that the lid of the water tank was open and found that the body of the deceased was lying there. The complainant called the other family members and the deceased was removed to HAH Centenary Hospital (Majeedia Hospital) where she had died.

2.2. A PCR call was received on 04.05.2021 at P.S. Tigri from Majeedia Hospital regarding the death of the deceased who was admitted in the hospital as "brought dead" after falling into the water tank which was recorded vide DD no. 26A. DD no. 26A was assigned to ASI Bacchu Ram who alongwith Ct. Kailash, went to Majeedia Hospital. ASI Bacchu Ram collected MLC in respect of the deceased wherein, concerned doctor mentioned that the deceased was "brought dead".

2.3. SDM, Saket examined the family members of the deceased and recorded the statement of the complainant, Girish Chandra, father of the deceased and Gagan, brother of the deceased. Thereafter, prima facie it was noticed that the petitioner and his family members subjected the deceased to cruelty for dowry demand and were responsible for the suicide of the deceased. Accordingly, the present FIR was got registered and further investigation was conducted. During investigation, the exhibits were collected and statements of the family members of the deceased as referred hereinabove were recorded.

3. The petitioner filed an application bearing no. 942/2021 for grant of anticipatory bail bearing no. 942/2021, which was dismissed by the Court of Additional Sessions Judge, Saket Courts, Delhi vide order dated 31.05.2021. The petitioner also filed another application bearing no. 2068/2021 under section 438 of the Code for grant of anticipatory bail before this Court which was ordered to be dismissed as withdrawn on 20.07.2021. The petitioner was ar