JUDGMENT

TUSHAR RAO GEDELA, J.

[ The proceeding has been conducted through Hybrid mode ]

1. This is a regular bail application filed under section 439 read with section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) seeking release of the applicant on bail, in relation to the First Information Report (hereinafter referred to as “FIR”) No.303/2022 dated 26.06.2022 registered with Police Station Karawal Nagar, Delhi under Sections 498A/304B/34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”).

2. The Notice was issued in the case on 12.05.2023. The Status Report was filed on 10.07.2023. As per the nominal roll dated 07.07.2023, the applicant has admittedly been in custody since 08.07.2022. The investigation in this case is complete. The chargesheet in the present case was filed on 12.09.2022. The charges are yet to be framed in this case. The learned Trial Court rejected an application for grant of bail of the applicant vide order dated

10.04.2023.

3. As per the case of the prosecution, on 24.06.2022 a PCR call vide DD No. 74 was received at Police Station Karawal Nagar, Delhi regarding suicide and death. The call was made by the father of the applicant. It was stated by the father of the applicant that the deceased victim and applicant got married on 05.02.2022 and deceased victim committed suicide in her bedroom on 24.06.2022.

4. On 25.06.2022, SDM/Karawal Nagar, Delhi recorded the statements of the father and brother of deceased. Both alleged in their statements that deceased victim was continuously subjected to harassment and cruelty by her in-laws for dowry and the applicant also had an extra marital affair. They have also alleged that the deceased victim was beaten brutally by her in-laws.

5. The Post Mortem examination of the deceased victim was conducted by an autopsy surgeon under videography and photography in the presence of SDM Karawal Nagar, Delhi. The Post Mortem Report (hereinafter referred to as PM Report) revealed that the cause of death is asphyxia as a result of ante-mortem hanging. As per the PM Report, the ante-mortem injuries were as follows:- I) Ligature mark present over the front and right side of the neck. II) Abrasion, reddish in colour, crescentic in shape, measuring 0.3 cm x 0.2 cm was present over the anterior aspect of the left forearm. III) Lacerated wound, measuring 0.5 cm x 0.2 cm, subcutaneous deep, present over the hypothenar eminence of the right hand.

6. The present case was registered on the statement of the father of the deceased victim.

7. Mr. Mohit Mathur, learned Senior Counsel appearing on behalf of the applicant, submits that the date of occurrence of the incident is 24.06.2022 at 01:00 pm as per PM Report. The brother and father of the deceased victim did not make any allegation or even a mere apprehension against the applicant despite being informed of the incident. The next day i.e. on 25.06.2022 for the first time before the SDM, allegations against the applicant were raised by the family members of the deceased victim.

8. The learned Senior Counsel refers to the statement of the father of the deceased victim and submits that the father of the deceased victim has clearly made false allegations of demands for XUV 700 Car and Rs.20 Lakhs in the form of dowry and consequential cruelty thereto, by the applicant's family upon the deceased victim. The father of the deceased also made allegations of an extra-marital affair of the applicant and that the deceased victim had conveyed about the applicant's affair through phone to the brother of the deceased victim.

9. The learned counsel further refers to the statement of the brother of the deceased victim and submits that the brother had made false allegations that the bodily injury suffered by the deceased, was caused by the applicant and his family before the death of the deceased victim, however, the details of external injuries in PM Report have not revealed any bodily injury occurring due to the al