SUSHIL KUMAR Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) These are three bail applications filed under section 438 of the Cr.P.C. for grant of anticipatory bail in FIR No.236/2013, P.S. Kalyan Puri registered under section 498A/ 313/ 34 of the Indian Penal Code.

(2.) The present applications have been filed in the following circumstances. Aarti Gupta, the complainant, was married to Ashish Gupta on 15.01.2013. On 09.04.2013, she filed the complaint with the police narrating that immediately after the marriage, her husband Ashish Gupta, father-in-law Sushil Kumar and mother-in-law Mithilesh started torturing her and also verbally abusing her. According to the complainant, her husband Ashish Gupta used to allege that she was having an illicit affair with some other boy. Unable to bear the torture Aarti went to her parental house but her parents sent her back to the matrimonial home. The mental and physical torture and abuse, however, continued. On 02.04.2013, on coming to know that the complainant was pregnant her in-laws took her to the house of one Sunita (one of the applicants herein) and after verbally abusing the complainant and alleging that the child in her womb was not that of Ashish Gupta, they forcibly made her swallow abortion pills. She was left unattended and it was on 05.04.2013 that the in-laws of the complainant came back and called the parents of the complainant, apparently to inform them of her condition. The complainant was taken to the parental house on 05.04.2013. On that day she started bleeding. She was treated by Dr. Sapna Verma at Kondli. The doctor told the complainant that the child may be saved. Some ultrasound treatment was given to the complainant. However, on 09.04.2013 she started bleeding again heavily whereupon her mother brought her to the hospital. There her statement was recorded. On the basis of the statement and the MLC of the complainant a case under section 498A/ 313/ 34 of the IPC was registered.

(3.) The applicants herein filed bail applications under section 438 of the Cr.P.C. before the Sessions Court which were turned down. The learned Sessions Judge perused the MLC wherein the girl had informed the doctor that some MTP pill (abortion pill) was given to her forcibly by her father-inlaw. The Sessions Court also noted that in her statement recorded under section 164 of the Cr.P.C., the complainant had stated that she had been pressurised by her in-laws and husband to give statement in their favour. The complainant told the Sessions Judge in the Court that she was made to consume the medicine forcibly and was pressurised to make statements exonerating the bail applicants.