The decision highlights the importance of circumstantial evidence, witness credibility, and the accused's criminal history in bail applications.

JUDGMENT

Tushar Rao Gedela, J.

[The proceeding has been conducted through Hybrid mode]

1. The present application on behalf of the applicant has been filed under section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in FIR No. 476/2019 dated 20.09.2019 registered u/s 306 IPC at P.S. Tilak Nagar, New Delhi.

2. The case of the prosecution is as under:

a. On 19/09/2019 at 07:55 PM, a PCR Call was received at P.S. Tilak Nagar regarding "a 19 years girl having hanged herself, and she was declared `brought dead' at Vashisth Hospital, Ganga Ram Vatika", which was entrusted to S.I. Vinod for investigation.

b. Thereafter, S.I. Vinod along with the staff, reached at the said hospital and received MLC No 217/19 dated 19.09.2019 of Deceased (M) Age-19 with A/H/O brought dead & history of strangulation/hanging. The dead body of deceased (M) was got preserved in DDU Hospital Mortuary for further necessary proceedings.

c. The spot i.e., 2 Floor, WZ-26A, Mukherjee Park, Tilak Nagar, Delhi was visited by S.I. Vinod Kumar where a multi-colored Chunni was tied with ceiling fan and a black iron chair was laid on bed. Thereafter, the crime team was informed and after inspecting, the above-mentioned Chunni "ligature material" was cut in two pieces with the help of knife and the same was sealed at the spot and taken in police possession through seizure memo.

d. Investigation revealed that the main door of the house was closed from inside and the door was opened by cutting grill with the help of a person namely Vicky. Thereafter, the mother of the deceased handed over a mobile i-phone-X, black coloured and an Apple laptop which was used by the deceased (M) and the same was taken in police possession through a separate seizure memo.

e. That on 20.09.2019, the post mortem of deceased (M) was conducted at DDU Hospital Mortuary vide PM No. 1625/19 and after conducting Post Mortem, the doctor gave two sealed pulanda of "Vaginal swab external & internal" and "Clothes of deceased (M)" with the seal of DDUH PM, and the exhibits were taken in police possession through seizure memo and deposited in Malkhana and the same have been sent to FSL Rohini for expert opinion.

f. On 20.09.2019, a case vide FIR No. 476/19 u/s 306 IPC, 1860 was registered on the statement of deceased's mother "SD". The complainant stated that she resided with her daughter M. On 19.09.2019 i.e. the date of incident, she went to have her eyes checked at the Spectra Eye Hospital in Greater Kailash. After getting free from there, she called her daughter/deceased (M) at about 6 p.m., who did not pick up the call. After that, at about 7 p.m., she got a call from the deceased's friend Ms.S saying that deceased (M) was not picking up her phone. The complainant told her that she would ask M to call her after reaching home. When she reached home, despite ringing door bells, knocking on the door and calling on the phone, nobody came to open the door. She then called her neighbor Vicky and after cutting the door, they entered into the house. The mother of the deceased saw that `M' was hanging from the fan. She brought `M' down with the help of Vicky/neighbor and took her to the nearby Vashisht hospital where the doctor declared her dead. After a while, `S', who is a friend of the deceased came to the hospital and told the complainant that deceased `M' was very upset and had told `S' that a boy named Karan Chandela, the applicant herein used to blackmail and threaten the deceased `M' on account of uploading on social media the obscene videos and photographs of the deceased `M' taken by the applicant. It is further alleged that `S' had told to the complainant that the applicant raped the deceased many times and on 19.09.2019, the deceased `M' went to meet the applicant in a hotel and after coming back from the hotel, the deceased committed suicide.

g. That on 28.09.2019, as per the facts and circumstances of the case and on the basis of the statements given by the witnesses', section 376