J U D G M E N T

1. The present petition has been filed under section 439 Cr.P.C. for seeking bail in pursuance to FIR No.213/2020 dated 18.04.2020 registered at Police Station Neb Sarai for the offences punishable under sections

386/506/306/34 IPC.

2. Petitioner is sitting MLA from Deoli Assembly Constituency of NCT of Delhi. He remained in police custody in above-mentioned case since 09.05.2020 to 16.05.2020 but the IO himself filed an application for sending the Petitioner to JC and on 17.05.2020 the Petitioner was sent to JC as the investigation qua him had been completed.

3. Ms.Rebecca M. John, learned senior counsel appearing on behalf of the petitioner submitted that in the FIR itself, it has been mentioned by the complainant that wife of deceased gave one complaint to the Delhi Jal Board on 09.04.2020 as DD No.5378, just one week before the suicide, against the Petitioner but contrary to said fact in the said complaint, name of the Petitioner as well as name of co-accused persons has not been mentioned. Further no allegations of extortion or threat has been made by wife of deceased in the said complaint. Moreover, the deceased or his family members were plying water tanker since 2006 and it has been alleged that the deceased was giving money to the Petitioner since he became MLA first time but the deceased or his family members didn’t give any complaint to any authorities including police in last 5-6 years.

4. Learned senior counsel further submitted that the alleged suicide note is fabricated and the same is in two different hand writing with different pens. The name of the Petitioner has been written with different pen which does not bear the signature of the deceased on the second portion of the suicide note. The alleged suicide letter is on public domain face book etc.

5. It is submitted that the deceased was running water tankers in DJB since 2007 and he was engaged in illegal activities of selling water of poor persons to Sanik Vihar Farm owners for Rs.1,500/- per tanker. There were various complaints against the deceased and his syndicate of selling water tankers upon which a sting operation was conducted by News Channel IBN in the month of June, 2015 in which the deceased along with his associates was caught on camera in a sting operation. After the said sting operation, name of deceased was blacklisted from DJB and his family members, therefore, they had grudges against petitioner and his known persons.

6. Learned senior counsel further submitted that the petitioner through his Advocate filed RTI before DJB on 24.04.2020, however, reply dated 24.04.2020 reveals that the competent authority DJB disengaged 9 water tankers which were running in the name of the deceased and his family members because he was caught red handed in the black marketing of the water tankers in a sting operation as mentioned above. In addition, since 2015 to 2020, no water tanker was running in the name of deceased. While instead of engaging the water tankers in his own name as he was blacklisted from DJB, deceased engaged 5 water tankers in the name of his wife and other relatives one of which namely Hamender was also seen in sting operation.

7. Further submitted that no payment was ever stopped by the Petitioner, as is evident from RTI reply whereby the competent authority DJB has categorically mentioned that “Payments are regularly made to vendors subject to the availability of funds”. The Petitioner filed another RTI on 27.04.2020 through his counsel, however, in reply thereto, it appears that payments of deceased or his family members were never stopped and around Rs.62 lakhs paid in lieu of the tankers run by family members of the deceased from January 2019 to January 2020. To enquire about the fact as to why the water tankers of the deceased were not engaged by DJB in month of March 2020 and April 2020, the advocate on behalf of the Petitioner filed another RTI to which the DJB replied that no application was filed by deceased for engagin