DELHI HIGH COURT
KARAN CHANDELA – Appellant
Versus
THE STATE (GOVT. O FNCT OF DELHI) – Respondent
BAIL APPLN.-1247/2023 2023:DHC:6778
BAIL APPLN. 1247/2023
Page 1 of 20
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IN THE HIGH COURT OF DELHI AT NEW DELHI
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Judgment reserved on: 15.09.2023
Judgment pronounced on: 19.09.2023
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BAIL APPLN. 1247/2023
KARAN CHANDELA
..... Petitioner
versus
THE STATE (GOVT. OF NCT OF DELHI) ..... Respondent
Advocates who appeared in this case:
For the Petitioner :
Mr. Jatan Singh, Mr. Tushar Lamba and
Mr. Siddharth Singh, Advocates
For the Respondent :
Mr. Shoaib Haider, APP for State with
W/SI Chandrika, P.S. Tilak Nagar.
Mr. R.N. Shara, Mr. Shalabh Bhardwaj,
Mr. Nikhil Mann and Mr. Himanshu
Solanki, Advocates for R2/Complainant.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
J U D G M E N T
TUSHAR RAO GEDELA, J.
[ The proceeding has been conducted through Hybrid mode ]
1.
The present application on behalf of the applicant has been filed
under section 439 of the Code of Criminal Procedure, 1973, seeking
regular bail in FIR No. 476/2019 dated 20.09.2019 registered u/s 306
IPC at P.S. Tilak Nagar, New Delhi.
2.
The case of the prosecution is as under:-
a.On 19/09/2019 at 07:55 PM, a PCR Call was received at
Digitally Signed
By:VINOD KUMAR
Signing Date:19.09.2023
17:12:31
Signature Not Verified
BAIL APPLN. 1247/2023
Page 2 of 20
P.S. Tilak Nagar regarding "a 19 years girl having hanged
herself, and she was declared ‘brought dead’ at Vashisth
Hospital, Ganga Ram Vatika", which was entrusted to S.I.
Vinod for investigation.
b.Thereafter, S.I. Vinod along with the staff, reached at the
said hospital and received MLC No 217/19 dated
19.09.2019 of Deceased (M) Age-19 with A/H/O brought
dead & history of strangulation/hanging. The dead body of
deceased (M) was got preserved in DDU Hospital Mortuary
for further necessary proceedings.
c.The spot i.e., 2 Floor, WZ-26A, Mukherjee Park, Tilak
Nagar, Delhi was visited by S.I. Vinod Kumar where a
multi-colored Chunni was tied with ceiling fan and a black
iron chair was laid on bed. Thereafter, the crime team was
informed and after inspecting, the above-mentioned Chunni
"ligature material" was cut in two pieces with the help of
knife and the same was sealed at the spot and taken in police
possession through seizure memo.
d.Investigation revealed that the main door of the house was
closed from inside and the door was opened by cutting grill
with the help of a person namely Vicky. Thereafter, the
mother of the deceased handed over a mobile i-phone-X,
black coloured and an Apple laptop which was used by the
deceased (M) and the same was taken in police possession
through a separate seizure memo.
e.That on 20.09.2019, the post mortem of deceased (M) was
Digitally Signed
By:VINOD KUMAR
Signing Date:19.09.2023
17:12:31
Signature Not Verified
BAIL APPLN. 1247/2023
Page 3 of 20
conducted at DDU Hospital Mortuary vide PM No. 1625/19
and after conducting Post Mortem, the doctor gave two
sealed pulanda of "Vaginal swab external & internal" and
"Clothes of deceased (M)" with the seal of DDUH PM, and
the exhibits were taken in police possession through seizure
memo and deposited in Malkhana and the same have been
sent to FSL Rohini for expert opinion.
f.On 20.09.2019, a case vide FIR No. 476/19 u/s 306 IPC,
1860 was registered on the statement of deceased's mother
"SD". The complainant stated that she resided with her
daughter M. On 19.09.2019 i.e. the date of incident, she
went to have her eyes checked at the Spectra Eye Hospital
in Greater Kailash. After getting free from there, she called
her daughter/deceased (M) at about 6 p.m., who did not pick
up the call. After that, at about 7 p.m., she got a call from
the deceased’s friend Ms.S saying that deceased (M) was
not picking up her phone. The complainant told her that she
would ask M to call her after reaching home. When she
reached home, despite ringing door bells, knocking on the
door and calling on the phone, nobody came to open the
door. She then c
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