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Pradeep Drall vs Stateof Nct Of Delhi on 23 September, 2020

Author: Anu Malhotra

Bench: Anu Malhotra

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           *          IN THE HIGH COURT OF DELHI AT NEW DELHI
           +          BAIL APPLN. 2325/2020
                      PRADEEP DRALL                                           ..... Applicant
                                         Through:      Mr.Rishipal Singh, Advocate.
                                                Versus
                      STATEOF NCT OF DELHI                                       .....Respondent

                                         Through:      Mr.Kewal Singh Ahuja, APP for State
                                                       with Insp. Bishambar Dayal Meena.

                      HON'BLE MS. JUSTICE ANU MALHOTRA
                                                ORDER

% 23.09.2020 (hearing through Video Conferencing) The applicant, vide the present application seeks the grant of regular bail in relation to FIR No.162/2019, PS Mundka under Sections 304B/498A/34 of the Indian Penal Code, 1860 submitting to the effect that he has been falsely implicated in the instant case and that there is no proximity with the demise of the deceased, the wife of the applicant with any previous demands made by the applicant in relation to any dowry. It has further been submitted on behalf of the applicant that the allegations, if any, were levelled against the mother of the applicant and that the mother of the applicant namely Smt.Sumitra has already been granted regular bail. It has further been submitted on behalf of the applicant that there has been a gross delay in the registration of the FIR which has not been explained.

It has been submitted on behalf of the applicant further that there is nothing to indicate that there was any demand at the time of the marriage;

that all allegations that had been levelled are wholly vague with no specific date and time of demand with no specific date in relation to the allegations of cruelty and previous complaints. It has also been submitted on behalf of the applicant as averred through the application itself that there was no external injury observed by the doctors on the body of the deceased which would bring forth any of the allegations against the mother of the applicant that there had been any beatings given to her by the mother of the applicant or by the present applicant. Inter alia it has been submitted on behalf of the applicant that the applicant was not present at the house at the time of the demise of the deceased and even as per the statement recorded under Section 161 of the Cr.P.C. of the prosecution witness namely Kamla Devi itself, the applicant was not at his house from one day before the date of alleged incident and it is submitted on behalf of the petitioner that he reached at evening hours after the alleged incident and that the applicant one day prior to incident and on the day of incident was at his job at Saroj Hospital and the copy of his attendance register was placed on record as Annexure-C. Inter alia it has been submitted on behalf of the applicant that the applicant had been taking due care of the deceased and for her betterment, he got her admission in a B.Ed course soon after his marriage and he himself submitted the fees for her education and that there is nothing on the record to indicate that the applicant had in any manner instigated the alleged commission of suicide by the deceased and that for ending her own life, she was herself responsible and that the applicant cannot be implicated and held liable for the same. It has further been submitted through the averments made in the application that the applicant had been incarcerated for more than a year and the trial would take time and that he would unnecessarily be continuously incarcerated BAIL APPLN. 2325/2020 Page 2 of 7 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:24.09.2020 12:18 and that the same would expose him to habitual, hardcore criminals.

Reliance is sought to be placed on behalf of the applicant on the averments that had been made through the statement under Section 161 of the Cr.P.C., 1973 of the prosecution witnesses as annexed through the status report itself to submit to the effect that there is no overt act that has been attributed to the applicant in relation to any demands of dowry and that a false version is sought to implicate the applicant in the instant case. Reliance is also sought to be placed on behalf of the applicant on the verdict of this Court in Bail Appln. No.2725/2019 vide order dated 16.12.2019 to contend to the effect that where there were no complaints prior to the date of the incident, such an accused would be entitled to grant of bail.

On behalf of the State, the application is vehemently opposed submitting inter alia to the effect that as regards the prayer made on behalf of the applicant seeking parity for release on bail, the same is not brought forth even remotely, in as much as, vide order dated 10.10.2019 of the learned ASJ-04, West, the contentions in relation to the mother of the applicant being an aged lady have been taken into account.

It has further been submitted on behalf of the State that the contentions raised on behalf of the applicant to the effect that the applicant was not even present at the spot are irrelevant and immaterial, in as much as, in the present case the FIR registered was not one under Section 302 of the Indian Penal Code, 1860 and is rather under Section 304B of the Indian Penal Code, 1860 in relation to the alleged commission of suicide by the deceased due to cruelty meted out to her allegedly by the applicant and his mother. It has further been submitted on behalf of the State that as per the post mortem report, copy of which BAIL APPLN. 2325/2020 Page 3 of 7 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:24.09.2020 12:18 has been annexed with the status report as Annexure-B, it is indicated that there was an alleged history of hanging on 26.04.2019 at about 07.00 pm and that the deceased was last seen alive at 2.30 pm on the same day. It has been submitted on behalf of the State that the document that has been filed by the applicant in relation to his timings at his office on the date 26.04.2019, copy of which is annexed as Annexure-C indicate that he was at his office at 09.08 am and left the same at 18.02 hrs and it is sought to be submitted on behalf of the State that there was a phone call made by the applicant to the mother of the deceased in relation to the incident at 6.45 pm which itself negates his presence at the spot.

A further submission made on behalf of the State is to the effect that the statements that had been annexed to the status report of the prosecution witnesses under Section 161 of the Cr.P.C., 1973 indicate that there have been demands made for money by the applicant and by his mother, as a consequence of which the deceased had even spoken to her mother Smt.Saroj on 26.04.2019 who stated that the deceased had rung her up between 2.30 pm to 3.00 pm on that date i.e. 26.04.2019 and had informed her that she was very upset and that the applicant and his mother used to harass her and beat her for demands for a vehicle and money.

Placed on record is also the statement under Section 161 of the Cr.PC, 1973 of Smt. Kamla Devi, the aunt of the deceased on which too reliance is sought to be placed on behalf of the State submitting to the effect that the deceased had informed even Kamla Devi on 26.04.2019 at about 2.00 pm whilst she was crying and informed her aunt that her mother-in-law had been making demands for money and a vehicle and had beaten her and that the applicant had not come back home since the BAIL APPLN. 2325/2020 Page 4 of 7 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:24.09.2020 12:18 last day and that the applicant and his mother used to harass her for a vehicle and money and used to beat her and that the said Kamla Devi had spoken to the deceased for about ¾th of an hour and had tried to placate her that everything will be alright but that the deceased continuously kept crying saying that the applicant and his mother had been harassing her for a vehicle and money and had been threatening her also that she should be ready to face the consequences if their demands were not met.

It has further been submitted on behalf of the State that there is no inordinate delay in the registration of the FIR, in as much as, the FIR was registered on 27.04.2019 at 22.45 hours and could be so registered after taking into account the statements made by the persons examined. Inter alia it has been submitted on behalf of the State that though the FSL result in relation to the viscera of the deceased has been received, the FSL result in relation to the examination of the mobile phone of the deceased is yet to be received.

It has further been submitted on behalf of the State that as per the SCRB report annexed as Annexure-C to the status report, it was indicated that the applicant was involved in one more criminal case i.e. FIR No.164/2015 dated 08.12.2015 U/s 66C IT Act-2000, PS EOW, Delhi which was registered on the allegations of creating of a fake facebook account of a victim and that the applicant herein had threatened her with sexual abusive language, which case was still pending. It has thus been sought to be submitted on behalf of the State that taking into account the gravity of the offence against the applicant and the evidence available against the applicant and his involvement in another case for allegedly creating a fake facebook account of the victim lady, the prayer made by the applicant be thus, declined.

On a consideration of the submissions that have been made on BAIL APPLN. 2325/2020 Page 5 of 7 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:24.09.2020 12:18 behalf of either side, it is essential to observe that as rightly contended on behalf of the State, the presence of the applicant at the time of the alleged commission of suicide by the deceased is immaterial, in as much as, the allegations levelled against the applicant relate to the commission of the offences punishable under Sections 304B/498A/34 of the Indian Penal Code, 1860 which relate to the alleged cruelty meted out to the deceased as well as the unnatural death of the deceased within the period of 7 years of the date of marriage due to harassment allegedly meted out to her by the applicant allegedly for demands of dowry.

It is essential to observe in the instant case that the statements that have been recorded under Section 161 of the Cr.P.C., 1973 of Smt.Saroj, the mother of the deceased and Smt. Kamla Devi, the paternal aunt of the deceased are categorical to the effect in relation to the conversations that the deceased was alleged to have made to apprise them on 26.04.2019 and earlier in relation to the alleged harassment meted out to her by the applicant and his mother for demands of a vehicle and money.

As regards the aspect that the demise of the deceased was on 26.04.2019 and that the FIR in the instant case was registered on 27.04.2019, taking into account the factum that it has been submitted on behalf of the State that the FIR could be registered only after the recording of the statements of the witnesses in support of the prosecution version, presently, the delay in the registration of the FIR itself is not a ground for grant of bail to the applicant in view of the allegations levelled against the applicant as brought out through the statement of the mother of the deceased.

In the circumstances, there is no ground for grant of bail to the applicant presently, the application is thus declined.

Nothing stated hereinabove shall however amount to any BAIL APPLN. 2325/2020 Page 6 of 7 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:24.09.2020 12:18 expression on the merits or demerits of the trial in relation to FIR No.162/2019, PS Mundka Outer under Sections 304B/498A/34 of the Indian Penal Code, 1860.

ANU MALHOTRA, J SEPTEMBER 23, 2020/'neha chopra' BAIL APPLN. 2325/2020 Page 7 of 7 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:24.09.2020 12:18