RAVI KUMAR Vs. STATE

JUDGEMENT

(1.) This is a third application for bail filed by the petitioner who has been booked in FIR 146/90 PS Lahori Gate under Section 304B/498A read with Section 34 Indian Penal Code. The FIR has been recorded on the basis of a statement made by Usha Devi, stepmother of the deceased Varsha Gupta before the SDM during inquest proceedings. Varsha Gupta is alleged to have committed suicide on 31.5.90 without leaving any suicide note or a dying declaration. It may be noted that vide orders dated 13.2.91 this Court in Cr. M.(M) Nos. 1538/90 and 1783/90 admitted to bail the parents of the petitioner, namely, Raghbir Singh and Parkash Wati Gupta in view of their old age and infirm condition. By order dated 16.1.91 in Cr.M. (M) 2626/90 the bail of the petitioner, however, was rejected.

(2.) Fresh grounds which, have been pleaded in this bail application are that in fact there is a tendency in the family of the deceased to commit suicide. Her elder brother Naresh Kumar committed suicide recently on 10.3.91 at the age of 28 years leaving his small child of 7 days only while he was married for about 15 months. Other circumstances which are pleaded are that the petitioner and his parents have actually been very affectionate, caring and loving towards the deceased, and instead of any demand for dowry, they have been bestowing gifts upon the deceased and her infant daughter Km. Chitra Gupta. Annexure A is a photo copy of a memorandum dated 28.2.87 executed by Parkash Wati, mother-in-law of the deceased by which she gifted Rs. 20,000.00 to the deceased by a cheque dated 15.12.86. It may be noted that the marriage of the deceased with the petitioner had taken place on 1.11.87 i.e. after about 10.1/2 months of this gift. This memorandum is signed not only by the deceased but also by her father Shiv Kumar Gupta. Annexure B is photo copy of another Memorandum by which Raghbir Singh father of the petitioner gifted Rs. 10.000.00 to the petitioner on 26.3.88 i.e. after about 5 months of the marriage of the deceased with the petitioner. Annexure C is a photo copy of a receipt allegedly signed by the deceased after receiving with thanks Rs. 40,000.00 from M/s Raghbir Singh & sons (HUF), obviously an HUF constituted by the petitioner and his father. All these amounts are alleged to be invested for purchase of Premises 3F situated at Dewan Chambers I-UA Jawahar Nagar, Malka Ganj, Delhi. The receipt of these three amounts is allegedly acknowledged on behalf of United Properties vide receipts photo copies of which are Annexures El to E3. Annexure F is an intimation to the deceased from the United Properties requesting her to contact their office for taking delivery of possession of the aforesaid premises.

(3.) Annexure Gl is photo copy of memorandum of gift dated 30.11.89 executed by Raghbir Singh father of the petitioner gifting a sum of Rs. 20,000.00 by a cheque to his grand daughter Chitra Gupta aged only about 2 months which was accepted on his behalf by the petitioner being her father. Annexure G2 is a copy of another memorandum of gift .dated 6.1.90 executed by Parkash Wati mother of the petitioner in favour of the grand daughter bestowing upon her a sum of Rs. 20,000.00 through the petitioner. Annexure HI is the copy of an account maintained by M/s S.R. Enterprises, a firm of the petitioner's family showing a sum of Rs. 52,598/90 standing to the credit of the grand daughter as on 31.3.90. Annexure H2 is a copy of the similar account showing that the amount standing to the credit of Chitra Gupta as on 31.3.91 had increased to Rs. 58910.00 .