Delhi High Court - Orders
Mohit vs The State Govt. Of Nct Of Delhi on 7 October, 2022
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 170/2022
MOHIT ..... Petitioner
Through: Ms. Alphy Thomas and Mr. Sunil
Nair, Advocates.
versus
THE STATE GOVT. OF NCT OF DELHI ..... Respondent
Through: Ms. Richa Dhawan, APP for State
with Insp. Arvind Kumar, PS Anand
Parbat.
Mr. Manmeet Singh Maini, Advocate
for complainant along with
complainant.
CORAM:
HON'BLE MS. JUSTICE POONAM A. BAMBA
ORDER
% 07.10.2022 1.0 Vide this application under Section 439 Cr.P.C., the petitioner has sought bail in FIR No.0385/2021 dated 02.09.2021 under Section 306 IPC PS Anand Parbat, Delhi.
2.0 It is submitted that the petitioner has been falsely implicated in this case without any cogent evidence and is in judicial custody since 09.09.2021. He has clean antecedents.
3.0 It is further submitted that the prosecution has failed to place on record any evidence to show the requisite mens rea .
Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:20.10.2022 18:44:494.0 Learned counsel for the petitioner also submits that the alleged suicide note on the left palm of the deceased neither finds mention in MLC nor in post-mortem report. Even the subsequent handwritten suicide note produced later, is undated.
5.0 Learned counsel for the petitioner also submits that although, it is alleged that the petitioner created fake Instagram account of the deceased to defame her but no such report is produced/placed on record. Even the uncles of the deceased who stated to have received from the petitioner, obscene photographs of the deceased could not produce the same and simply stated that the photographs were deleted.
6.0 Per contra, this application is strongly opposed by learned Prosecutor stating that there are serious allegations against the petitioner, which are supported by suicide note found written on the palm of the deceased and further supported by the handwritten suicide note, wherein specific allegations have been levelled not only against the petitioner but also against the petitioner‟s mother and brother-in-law. Learned Prosecutor further submits that presently they have been kept in column no.12.
6.1 Status Report filed by the State mentions that the aforesaid suicide note was sent to FSL for examination. Expert opinion received from the FSL has confirmed that the handwriting on the suicide note has matched the admitted handwriting sample of the deceased.
6.2 It is also submitted that the said suicide note mentions about creation Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:20.10.2022 18:44:49 the fake profile of the deceased at Instagram in the name of „Sweety Sehgal‟, by the petitioner/accused. The Status Report also mentions that as per the details obtained till date from the Facebook/Instagram, it has been confirmed that the fake profile in the name of „Sweety Sehgal‟ was created by the petitioner. The notice was sent to the Instagram to ascertain the details of the user of the aforesaid fake profile. Reply to the same is still awaited.
6.3 Learned Prosecutor also submits that the investigation with respect to the indecent photographs of the deceased received by the uncles of the deceased, namely Zeevach Sah and Pankaj Kumar Sah (which are stated to have been deleted), is still going on; efforts for retrieval of the said data are being made.
6.4 With respect to the petitioner‟s averment that there is no mention in MLC/post mortem report about suicide note on the hand of the deceased, Learned Prosecutor has drawn attention of this court to the photograph of the suicide note on the palm of the deceased which is annexed to the report of Crime Team and forms part of/is annexed with the charge sheet.
6.5 Learned Prosecutor also argues that the matter is at nascent stage; charges are yet to be framed and the matter is now fixed for arguments on charge on 31st October, 2022.
7.0 Considering the above facts and circumstances in entirety, the material on record and taking into account, the grave nature of allegations Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:20.10.2022 18:44:49 against the petitioner, this Court is not inclined to admit the petitioner to bail. The petition is accordingly dismissed.
8.0 Any observation made hereinabove, shall not tantamount to expression of opinion on the merits of the case.
POONAM A. BAMBA, J OCTOBER 7, 2022/hk Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:20.10.2022 18:44:49