Neutral Citation No.2022/DHC/004322

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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BAIL APPLN. 1215/2022

SIDDHANT TOMAR

..... Petitioner

Through:

Mr. Yash Prakash, Ishan Jain & Mr.

Sanjay Srivastava, Advocates.

versus

STATE

.....Respondent

Through:

Mr. N.S.Bajwa, APP for State.

CORAM:

HON'BLE MR. JUSTICE TALWANT SINGH

Talwant Singh, J.:

1. This is an application filed by the petitioner for grant of regular bail in

case FIR No. 241/2021, under Section 304-B/498-A/34 IPC, registered at

P.S. Shahdara.

2. In para 2 of the brief facts, inadvertently the learned counsel for the

petitioner has got pasted the contents of the earlier bail application, which

was moved on behalf of the mother of the present petitioner. The copy of

the FIR is on record, which was lodged by the family member of the

deceased Charu.

2.1

The brief facts as narrated by the applicant, are that his marriage was

solemnized with Charu (since deceased) on 14.05.2021 through one

mediator Shri Pradeep Kumar Arya.

2.2.

The allegations in the FIR are that the mother of the applicant

demanded Rs.5,00,000/- in cash, Rs.1,75,000/- for furniture and Rs. 70,000/-

for clothes. It was further alleged that the family of the deceased Charu also

Signed By:HARIOM

Signing Date:17.10.2022

18:38:43

Signature Not Verified

Neutral Citation No.2022/DHC/004322

gave ornaments worth Rs. 4,50,000/- to the deceased at the time of marriage.

After the marriage, the allegation is that the applicant and his mother

demanded a car from the deceased and for that they used to give beatings to

the deceased.

2.3.

On 29.07.2021, the deceased went to her parental home as her mother

had to undergo an operation. On 15.08.2021 in the evening, Charu was

brought back by the applicant to her matrimonial home.

2.4.

On 16.08.2021 in the evening, the complainant (father of the

deceased) came to know that his daughter had fallen from a height and she

was taken to the hospital, where she was declared brought dead.

Apprehension was shown that Charu was thrown from the roof after being

beaten. The applicant was arrested on 16.08.2021 and he is still in judicial

custody.

2.5.

It has been submitted that the charge-sheet stands filed and the bail

application moved by the present petitioner was dismissed on 11.04.2022 by

the learned Addl. Sessions Judge.

2.6

The bail has been prayed on the grounds that the learned ASJ has

failed to appreciate that the deceased was at her parents’ house from

29.07.2021 till 15.08.2021 even as per the allegations contained in the FIR,

it has been wrongly appreciated by the learned ASJ that when the mother of

the deceased was operated, the present petitioner did not send the deceased

to her parents’ home; the petitioner had brought back his wife after 18 days

of the operation of her mother; there is a delay of 33-34 days in recording of

the statements under Section 161 Cr.P.C., which shows that allegations are

afterthought and they are concocted and false; there are clear contradictions

Signed By:HARIOM

Signing Date:17.10.2022

18:38:43

Signature Not Verified

Neutral Citation No.2022/DHC/004322

and improvements in the FIR and the statements under Section 161 Cr.P.C.;

all the allegations against the petitioner of beating the deceased for demand

of car are false and they have been made to falsely implicate the petitioner

and his mother.

2.7

A suicide note of the deceased was found by the mother of the

petitioner and it was sent to FSL and the FSL report verified that the said

suicide note was in handwriting of the deceased; the allegations that the

deceased was beaten up and there were abrasions on the body of the

deceased are false as all the said injuries were caused by blunt force/surface

impact on the body as mentioned in the post-mortem report the deceased as

fallen down from the 5^th floor.

2.8

It is further mentioned that the marriage had taken place through a

Mediator Sh. Pradeep Ku