The court considered contradictory statements, lack of material evidence, and the filing of the chargesheet in granting bail to the applicant.

JUDGMENT :

[Amit Sharma, J.]

1. The present application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) by the petitioner/applicant seeks grant of regular bail in FIR No. 512/2022 under Sections 307/498A/34 of the Indian Penal Code, 1860 (‘IPC’), registered at PS Ranhola, New Delhi.

2. Briefly stated, the facts relevant for adjudication of the present application are as under:

i. On 21.06.2022, a PCR call was received at PS Ranhola, Delhi regarding a lady (complainant) having fell from the roof of her matrimonial house. Subsequently, the complainant was referred to Rathi Hospital for necessary treatment.

ii. On reaching the hospital and subsequent enquiries, it was revealed that the nature of injuries were grievous and the injured had been married for less than seven years, hence SDM Punjabi Bagh was informed about the same. Upon receipt of the said information, the SDM Punjabi Bagh reached the hospital and recorded the statement of the victim.

iii. On 23.06.2022, the victim, in her statement alleged that she had married Mr. Ram Kumar 6-7 months prior to the date of the present incident and at the time of her matrimonial alliance, Rs. 2.5 lakhs were paid as dowry. It is further alleged in the statement that after her marriage, she was taunted, beaten and threatened for dowry as well as restrained from communicating and or meeting with her parents and husband. The victim has alleged that on 21.06.2022, by reason of her request to meet her mother, the present applicant, Mr. Raj Kumar Singh (brother-in law) along with other accused persons namely, Nempal Singh (father-in law), Mamta (mother-in law), & Monica (sister-in law) dragged her to the terrace and pushed her from there.

iv. Consequently, FIR 512/2022 under Sections 307/498A/34 of IPC was registered.

v. On 24.06.2022, the present applicant along with co-accused, Nempal Singh were arrested and sent to judicial custody.

vi. During the course of investigation, the statement of an eye witness i.e. the neighbor of the applicant/accused, Ms. Babita was recorded, who stated that the complainant herself jumped from the roof. However, during further course of investigation, the said eye witness retracted from her previous statement, by reason of which her statement was again recorded under Section 164 of CrPC, wherein she stated that the complainant was hanging from the roof and by reason of subsequent loosening of grip, she fell down.

vii. During the investigation, Call Detail Records were obtained & analyzed as well as a supplementary statement of the complainant was also recorded under Section 161 of CrPC. In her additional statement, the complainant admitted to having communicated with her mother, brother and husband through the phone of the present applicant and his wife. She stated that her relatives, Kamal @ Kamlesh and his wife, Hira Devi visited her matrimonial house wherein they witnessed her being abused & misbehaved with at the hands of the present applicant and his family. She further stated that subsequent to Kamal @ Kamlesh conveying to her in-laws that the complainant’s father shall come and take her from her matrimonial home, the present applicant along with the other co-accused persons dragged her to the terrace and threw her from there.

viii. It was also stated that the complainant had thrown three handwritten slips to a person named Kamal @ Kamlesh requesting him to save her from her in-laws on 21.06.2022. The aforesaid Kamal @ Kamlesh was also examined, who stated that the alleged three slips were handed over by him to the Investigating Officer.

ix. After the completion of investigation, chargesheet was filed before the Court of competent jurisdiction. Vide order dated 29.08.2022, the learned Additional Sessions Judge-05, Tis Hazari Courts dismissed the first bail application filed by the present applicant and co-accused, Nempal Singh. Vide order dated 30.11.2022, learned Additional Sessions Judge-09, Tis Hazari Courts dism