The court exercised its discretion in considering the nature of the accusations, severity of the punishment, and the nature of evidence in support of the accusations while deciding on the grant of bail.

Surya Kant, J.

1. The prayer in this petition under Section 439 of the Code of Criminal Procedure is for the grant of regular bail to the petitioner in the case registered by the Central Bureau of Investigation (CBI) bearing No. RC6(S)/2002 S.I.C.I. dated 8.3.2002 under Sections 218, 323, 342, 205, 306 IPC, P.S. SIC-I, New Delhi.

2. On November 16, 2000, one Ashok Kumar Aggarwal was found in a naked, injured and unconscious condition on Nand Rampur Bans Road, Dharuhera, District Rewari. He was taken to Civil Hospital, Rewari by the police of Dharuhera and FIR No. 277 under Section 307 IPC was registered on that very day. The said Ashok Kumar Aggarwal later on succumbed to the injuries and due to his death, the case was converted into one under Section 302 IPC. Smt. Sita Devi wife of the deceased Ashok Kumar Aggarwal was called by the local police to identify the dead body which she allegedly identified only by seeing the toe/foot but without seeing the face of the deceased. The manner in which the dead body was identified by Smt. Sita Devi is alleged to have raised some suspicion regarding the possibility of her involvement in the murder of her husband.

3. Siri Ram (petitioner No. 1) was the SHO of PS Dharuhera at the relevant time and was investigating the aforementioned case. It is alleged that he brought Smt. Sita Devi and her minor daughter Sarika, aged about 16 years, along with their tenant Giri Raj Prasad to the police station at about 10 A.M. on 19.11.2000. Sub-Inspector Lekh Ram (petitioner No. 2) was also posted in the aforementioned police station at that time.

4. Thereafter started a sad story which culminated into a horrifying end in the committal of custodial suicide by Smt. Sita Devi and her minor daughter Sarika. According to the prosecution, both the petitioners allowed Giri Raj Prasad (tenant) to go to his house in the evening of 19.11.2000 but Smt. Sita Devi and her minor daughter Sarika were detained illegally in the police station Dharuhera in the intervening night of 19/20.11.2000 though two lady constables, who were called from the Police Lines Rewari, were deputed on duty with Smt. Sita Devi and her minor daughter Sarika from the morning of 19.11.2000 itself. It is alleged that Smt. Sita Devi as well as Km. Sarika were physically tortured, humiliated and were threatened with dire consequences, especially both the petitioners are stated to have lifted the shirt of Km. Sarika while beating her and threatened her that her salwar shall also be lifted if she did not disclose the name of the person who killed her father. At about 3.30 P.M. on 20.11.2000, Km. Sarika was taken to her home for fetching her mothers clothes in the custody of lady constables Smt. Sushila Devi and Smt. Munia Devi and constable Sube Singh in a government vehicle and while returning from her house, Km. Sarika is stated to have brought sulphas tablets along with the clothes of her mother. Apprehending further beating and indecency, grief stricken Smt. Sita Devi and her minor daughter Km. Sarika both consumed sulphas tablets in the police station Dharuhera to put an end to their lives by committing suicide. While Smt. Sita Devi appears to have died instantly (she had allegedly consumed two tablets), Km. Sarika was taken to the Hospital where she made a statement before the Duty Magistrate (which has been taken as the dying declaration) in which she is alleged to have specifically named both the petitioners for giving beatings and/or other mal- treatments. Unfortunately, Km. Sarika also died after some time on that very day.

5. FIR No. 281 dated 20.11.2000 was registered at P.S. Dharuhera in relation to the afore-mentioned incident under Sections 342, 302 read with Section 34 IPC against both the petitioners along with some more police officials. The investigation of the afore-mentioned FIR was transferred to the CBI by this Court vide an order dated February 8, 2002 passed in Crl. Misc. No. 33036-M of 2001 (Neeru Aggarwal and ot