BAIL APPLN. 1582/2023

Page 1 of 21

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment reserved on : 02.08.2023

Judgment pronounced on: 08.08.2023

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BAIL APPLN. 1582/2023

PRADEEP

..... Petitioner

versus

STATE ..... Respondents

Advocates who appeared in this case:

For the Petitioner :

Mr. Mohit Mathur, Senior Advocate with

Mr. D.S. Kohli, Mr. Harvinder Singh, Mr.

Aakash Choudhary, Mr. Amit Tanwar, Mr.

Sahaj

Garg

and

Mr.

Yash

Kadyan,

Advocates.

For the Respondents :

Ms. Priyanka Dalal, APP for State with SI

Mandeep, PS-Karawal Nagar.

Mr. Hans Raj Singh and Mr. Aashish

Sharma, Advocates for Complainant.

CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

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

Digitally Signed

By:VINOD KUMAR

Signing Date:08.08.2023

15:45:03

Signature Not Verified

BAIL APPLN. 1582/2023

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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

Digitally Signed

By:VINOD KUMAR

Signing Date:08.08.2023

15:45:03

Signature Not Verified

BAIL APPLN. 1582/2023

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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 bein