The court considered the lack of specific evidence and completion of the investigation in granting anticipatory bail.

JUDGMENT :

[Amit Sharma, J.]

1. The present application under Section 438 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeks grant of anticipatory in case FIR no. 277/2022, registered at PS Najafgarh on 22.05.2022, for offences under Sections 498A/304B/34 of the Indian Penal Code, 1860 (‘IPC’).

2. The brief facts of the present case, as stated in the status report dated 13.01.2023, authored by SHO, PS Najafgarh, are as follows:

i. On 21.05.2022, information was received at PS Najafgarh regarding suicide of a woman. On reaching the spot, the body of a woman was found lying on the ground with one part of chunni/dupatta wrapped around her neck and other part hanging on the doorframe.

ii. It is alleged that one, Gaurav who was present at the spot informed that the deceased was his wife and had hung herself and on seeing the same, he cut off the chunni in order to get her off from the doorframe. Since the death was within seven years of marriage, SDM Najafgarh and Crime Team were informed about the incident.

iii. Statements of parents of the deceased were recorded on 22.05.2022 by Tehsildaar, Najafgarh. In the said statement, the father of the deceased, i.e., Sh. Ishwar Kumar, alleged that the deceased married Gaurav on 15.03.2021, and ever since, Gaurav and his family were harassing his daughter/deceased for dowry. He further alleged that on her visit to her parental house, the deceased informed him that her mother-in-law/present applicant instigated her sons, i.e., the husband of the deceased and his brother Bharat to beat her, and compel her to bring Rs. 10,00,000/- and undergo an abortion. It was further alleged that the brother-in-law of the deceased, i.e., the younger brother of her husband, Bharat, had ill-intentions for his daughter/deceased.

iv. Consequently, FIR bearing number 277/2022 was registered at PS Najafgarh, under Sections 498A/304B/34 of the IPC.

v. During investigation, two diaries allegedly written by the deceased were seized, wherein she had written about how she was harassed by her husband, mother-in-law/the present applicant and brother-in-law. Thereafter, husband and brother-in-law of the deceased were arrested. The present applicant absconded and therefore could not be arrested.

vi. In the post-mortem report, the cause of death was stated as "asphyxia following ante mortem ligature hanging".

vii. The father of the deceased, in his statement recorded under Section 161 of the CrPC alleged that his daughter/deceased was two months pregnant and was being pressurised to abort the child by her husband. He further alleged that on the day of the incident, around noon, the deceased had informed his wife that she was upset due to harassment by her husband and others. Deceased further informed that on the same morning, the accused persons quarrelled with her and taunted her. Thus, due to these reasons, the deceased has committed suicide.

viii. During investigation, sister of the deceased was examined, who allegedly stated that on the day of incident, the deceased informed her as well that she had a quarrel with the accused persons, who had demanded Rs. 5,00,000/- from her.

ix. Statement with regard to harassment of deceased due to which she committed suicide was further allegedly confirmed by the neighbours of the deceased during local inquiry.

3. Learned counsel for the applicant submits that the allegations levelled against the applicant are false and the deceased had suicidal tendencies as she was suffering from Bipolar Disorder. It is further submitted that complaints vide ICMS no. 81760102101203 and 81760102200102, were registered on 28.07.2021 and 25.01.2022, respectively, with regard to the deceased's mental condition, threats she posed to the family about causing harm to herself and implicating them in false cases of dowry and harassment. However, no action was taken by the concerned authorities.

4. It is further submitted that the deceased was undergoing treatment for the said medical condition and the ap