BAIL APPLN. 43/2024

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: 04.01.2024

Pronounced on: 08.01.2024

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BAIL APPLN. 43/2024 & CRL. M.A. 292/2024

HARDESH KUMAR

..... Petitioner

Through:

Mr. Kapil Gupta and Ms. Neha

Tiwari, Advocates

versus

STATE

..... Respondent

Through:

Mr. Satish Kumar, APP for the

State with Inspector Jaspal

Singh, P.S. Burari, Delhi.

Mr. Shannu Baghel, Advocate

for complainant along with son

of complainant.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

SWARANA KANTA SHARMA, J.

1.

The instant application under Section 439 read with Section

482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been

filed on behalf of applicant seeking grant of regular bail in case FIR

bearing no. 1169/2023, registered at Police Station Burari, Delhi for

the offences punishable under Sections 304B/498A/34 of the Indian

Penal Code, 1860 (‘IPC’).

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:10.01.2024

18:35:56

Signature Not Verified

BAIL APPLN. 43/2024

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2.

Issue notice. Mr. Satish Kumar, learned APP accepts notice on

behalf of State.

3.

Briefly stated, the facts of the present case are that the present

FIR was registered on the complaint of the complainant who had

stated that her daughter had died on the intervening night of 23-

24.09.2023 due to demands of dowry and pressure created by her

husband and in-laws. It was further stated that the information of

complainant’s daughter being hanged was informed to him by his

son-in-law on the night of 23-24.09.2023 at 1:00 AM. When the

complainant had reached the house of the accused, the husband of the

deceased and the police were present on the spot and it was told to

the complainant that his daughter had been taken to Burari Hospital,

Delhi. The complainant had stated that the marriage between his

daughter and accused Hardesh Kumar was solemnized on 08.02.2017

and complainant had given a car in dowry. It was stated that the in-

laws of the deceased used to make demands of a car and Rs. 10 lakhs

but the father of the deceased was only able to provide a car in

dowry, due to which the deceased used to be taunted by her in-laws.

The complainant had further stated that his daughter was not happy

with the marriage and used to visit her maternal house after being

tortured by her in-laws. It was also stated that the deceased was often

tortured on account of her giving birth to a girl child and even the

child was taunted time and again by the father-in-law of the

deceased. It was stated by the complainant that he had given a sum of

Rs. 2 lakhs for fulfilling the demand raised by his son-in-law, which

was made to buy a flat. It was stated that on the night of the incident,

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:10.01.2024

18:35:56

Signature Not Verified

BAIL APPLN. 43/2024

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the deceased had called her mother and had told her while crying that

her in-laws would soon kill her. The complainant had received the

information of the incident on the same day at night.

4.

Learned counsel for the applicant argues that the applicant has

been falsely implicated in the present case and the applicant has no

role in the alleged suicide of the deceased. It is further argued that no

demand for dowry was made by the applicant or his family members.

It is also argued that no date or time of demand has been given by the

complainant. It is argued that no complaint has been filed by the

deceased on any previous occasion, which points out the falsity of

allegations as leveled by the complainant. It is argued that the

accused and the deceased had been staying happily together for

approximately seven years and two children were born out of the

wedlock. It is argued that the accused and his family members have

never raised a demand for a third child but it was the parents and

bhabhi of the deceased who were pushing the deceased