Hints at the grave implications of dowry-related murders and the judicial emphasis on denying bail in such cases.

JUDGMENT :

SWARANA KANTA SHARMA, J.

1. The present application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter ‘BNSS’) read with Section 439 of the Code of Criminal Procedure, 1973 (hereafter "Cr.PC") on behalf of the applicant, seeking grant of regular bail in case arising out of FIR bearing no. 176/2021, registered at Police Station Maidan Garhi, Delhi for offences punishable under Sections 302 /304B/498A/34 of the Indian Penal Code, 1860 (hereafter "IPC").

2. Issue notice. The learned APP accepts notice on behalf of the State.

3. Briefly stated, the facts of the case are that on 17.06.2021, a PCR Call vide GD No.16-A was received at PS Maidan Garhi regarding the murder of a woman. The call was entrusted to ASI Rajesh Kumar, who alongwith Constable Sunil had reached at the spot, and found that one female dead body was lying on the bed in one room situated at the ground floor of the concerned property. The deceased was identified as Ms. Bharti, daughter of Sh. Heera Singh. The caller Sh. Bhopal Singh, i.e. maternal uncle of the victim, had informed that the victim had got married to the applicant herein in April, 2021. He also informed that the applicant had beaten and murdered her by strangulation, and had run away from the spot. Since the unnatural death of the victim had occurred within seven years of the marriage, the matter was reported to the Sub-Divisional Magistrate, Saket, who sent Sh. Yogender Singh, Tehsildar/Executive Magistrate, Sub-Division Saket, Delhi at the spot, for inspection and further necessary action. The body of the victim was shifted to the Mortuary of AIIMS, Delhi, for post-mortem. The parents of victim were informed about the death of their daughter. The Tehsildar, Saket had thereafter recorded the statements of the parents of the victim, and on the basis of statement of father of the victim, the present FIR was registered. The father of the victim had disclosed that since the victim had got married to the applicant, he and his parents had constantly demanded dowry whereas the father of the victim had already provided all the possible household articles at the time of marriage. However, the accused persons had kept on harassing and abusing her daughter. During the course of the investigation, the post-mortem of the victim was conducted at AIIMS, Delhi which revealed that there were 33 ante-mortem injuries on the body of the victim. Accordingly, all the accused persons were arrested in the case on 18.06.2021.

4. The present bail application has been preferred by the husband of the victim.

5. The learned counsel appearing for the present accused/applicant argues that the applicant is in judicial custody since 18.06.2021 i.e. for more than 3½ years, whereas all the co-accused persons have been granted bail. It is contended that all the material witnesses, including the parents of the victim have already been examined before the learned Trial Court, and since there are total 34 witnesses in this case, recording of statement of remaining witnesses and conclusion of trial is likely to take some time. He also points out that there are material contradictions and improvements in the statement of witnesses.

6. The learned APP for the State vehemently opposes the present bail application, and submits that there are no contradictions or improvements in the statements of the witnesses. He draws the attention of this Court to the contents of the chargesheet, and po