UPENDER SHISHODIYA Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The applicant, vide the present application seeks the grant of regular bail in relation to FIR No.424/2022, PS Wazirabad, under Sec. 306 of the Indian Penal Code, 1860 submitting to the effect that he has been falsely implicated therein in relation to allegations against him of abetment of suicide of his wife.

(2.) Notice of the application was issued to the State. Vide the status report dtd. 1/7/2022 under signatures of the SHO, PS Wazirabad, it was submitted to the effect that on 3/5/2022 an information Vide DD No.97A in relation to MLC No. E-3102/08/22 of Diksha W/o Upendra Sisodia, i.e., of the wife of the applicant, was received at the Police Station Wazirabad from the GTB Hospital, stating to the effect "Gas se jalne par uske pati ne use admit karaya hai ", and that the same was marked to SI Shankar who reached the GTB Hospital and collected the MLC of the victim Diksha, on which the Doctor mentioned "Alleged History of Burn and injury was under observation". Inter alia, it is stated through the said status report that during enquiry, victim Diksha stated that a fire incident had taken place in her house, and her husband had got her admitted in the GTB Hospital, after which, she was referred to the Safdarjung Hospital for further treatment. As per the said status report, the injured could not tell details about the fire incident. The copy of the MLC prepared by the GTB Hospital, Shahdara of the then injured, i.e., the wife of the applicant, as per local examination, showed that the injured was brought by the applicant herein and was examined on 3/5/2022 at 2:17 PM, when she was found to be fit for statement at 2:54 PM on 4/5/2022, and that the injuries sustained by her as recorded in the local examination were to the effect:-

(3.) As per the said status report, on 22/5/2022, an information was received Vide DD No. 85A from Safdarjung Hospital that the victim Diksha died during the course of the treatment, and on the same day, the victim 's brother named Raghav along with his 2-3 relatives came to the PS Wazirabad and gave a written complaint against his brother-in-law, the applicant herein. It is stated through the said status report that the complainant Raghav stated that his brother-in-law, the applicant, had been working as a chef in Hyderabad; that his sister was married with the applicant on 28/2/2011, and out of the wedlock, they have two children aged 10 years and 7 years; that his sister often complained about harassment and ill behavior meted out to her by her husband for the last two years; and she also stated that her husband was in relationship with a girl namely Saima Sarreen at Hyderabad. Inter alia it was stated through the said complaint by the complainant Raghav that the applicant often used to beat the victim and mentally torture her by saying that he would divorce her and would marry Saima. The complainant Raghav has further stated therein in his complaint to the effect that his sister also shared many photographs and videos of atrocities committed by her husband and also stated that the mother-in-law of the victim also used to side with her son.