JYOTI Vs. STATE, NCT OF DELHI

JUDGEMENT

(1.) The present application has been filed by the petitioner under Section 439 Cr.P.C seeking regular bail in case FIR No. 74/2020, registered under Sections 302/120-B/34 IPC at P.S.Ghazipur.

(2.) In brief the facts of the case are that on 10.3.2020, an information was received vide DD No. 98 dated 9.3.2020 regarding the admission of one Raj Kumar in LBS Hospital. Investigating Officer, after the receipt of information reached at the abovesaid hospital, and came to know that Raj Kumar had died during the treatment. In the hospital, IO met with one Sonu, brother of the deceased and recorded his statement, on the basis of which, the present FIR was registered.

(3.) As per the prosecution, about 2 years prior to the date of incident, deceased who was a home tutor and was engaged by the petitioner for teaching her as she was preparing for Central Teachers Eligibility Test, and during this period, the petitioner and the deceased came close to each other and even developed physical relations. It is alleged that this fact came to the knowledge of the husband of the petitioner who tried to persuade the deceased to call off the said relations but the deceased was adamant in continuing the relationship with the petitioner and the deceased even threatened the petitioner that he was having video of her with him with regard to their illicit relationship at Abhay Hotel at Vaishali and if petitioner would not continue with the relations, he would circulate the same. According to the prosecution, in order to make deceased understand the situation, in view of the fact that petitioner was married, and was having two minor children, he was asked to return the video which was made by him. It is alleged that on 9.3.2020 the petitioner had given a call on Mobile No. 8587084806 and asked the deceased to come to Ashirwad Apartment at Flat No. 313 belonging to the co-accused Akash. According to the prosecution, three accused persons namely, Sachin, Akash, Vijay gave beating to him in that apartment in order to get the said video which was allegedly made at Hotel Vaishali by the deceased.