SUJIT KUMAR Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The applicant has moved the present bail application in case FIR No. 344/2021, PS Narela, which was registered on 2/8/2021 under Sec. 306 but later on Ss. 323/341/354D/392/506/509 IPC were also added. This is the first bail application moved before the High Court; prior to this, two bail applications moved by the applicant before learned ASJ have been rejected.

(2.) As per the applicant, the case in brief of the prosecution is that on 1/8/2021, an incident took place, when the deceased hanged herself with rope and on 2/8/2021, FIR No. 344/2021, PS Narela was registered against the accused. The charge-sheet in the present case has already been filed. The first bail application moved before learned ASJ, Rohini Court was dismissed on 30/9/2021. Thereafter, regular bail application which was filed after filing of the charge-sheet, was also dismissed by the learned ASJ, North District vide order dtd. 1/12/2021. The statement of the child witness, daughter of the deceased, was recorded by the Magistrate at much belated stage and, therefore, tutoring and manipulations cannot be ruled out. The police could have very well examined the child witness immediately after the incident. 2.1. The statement of the child witness was recorded under Sec. 164 Cr.P.C. before the learned Magistrate on 9/8/2021 in which the child witness had referred to the applicant as Bhaiya and had stated the following incriminating things against the applicant: The Bhaiya then came home and said to my mother that I will tell your husband wrong things about you and said that I will tell your husband that you roaming around with boys then he left. Whenever Bhaiya used to come home he forcefully take phone and also once he beat Mummy because of which her eye went blue this happened 1 to 2 month before. Bhaiya threatened that I will have you killed, your children and Husband have no idea how big Don I am. He used to tell Mummy to marry him I had an idea since one year that something wrong is going on. 2.2. Another witness examined by the police is one Ms. Kavita, who was working in the same beauty parlour, where the deceased was working. In her statement dtd. 9/8/2021 under Sec. 164 Cr.P.C. she had stated as under: .he came home and told Maahi that leave your husband otherwise I will have him and your child killed, Marry me and at that time I, Maahi, her Two Sister-in-laws and daughter Rashmi were at home, Maahi drove him away from that Place at all happened around 3 to 4 pm on 1/8/2021. The boy was continuously calling Maahi even after leaving the place, Maahi was continuously cutting the calls, I told Maahi that we should go to the police Station, Maahi said that today I will tell everything to my husband, I left her house at around 5.15 pm after that I do not know what happened.

(3.) Notice was issued to the State and Status report has been filed on behalf of prosecution. It is mentioned that the complainant, husband of the deceased, had stated that when deceased told about the acts of petitioner to her friend Kavita, she advised her that she should tell all the things to her husband. He further stated that on the day of incident, i.e., on 1/8/2021 also, petitioner telephoned the deceased number of times and had also come to his house and had threatened his wife that he will tell all her secrets to complainant and thus due to shame his wife committed suicide.