LAWS(DLH)-2023-2-77

SONU VERMA Vs. STATE NCT OF DELHI

Decided On February 17, 2023
Sonu Verma Appellant
V/S
STATE NCT OF DELHI Respondents

JUDGEMENT

(1.) Present application under Sec. 439 of the Code of Criminal Procedure, 1973 ( 'CrPC ') seeks grant of regular bail in case FIR No. 94/2021 under Ss. 498, 304-B read Sec. 34 of the Indian Penal Code, 1860 ( 'IPC '), registered at PS Najafgarh.

(2.) Briefly stated, the case of the prosecution relevant for adjudication of the present application is as under:

(3.) Learned Counsel appearing on behalf of the applicant submits that a bare reading of the FIR would demonstrate that the allegations leveled against the present applicant are general in nature and not a single incident has been alleged which would have any proximate connection with the cause of death of the deceased. It is urged that the allegations of dowry demand are general in nature and in fact, the complainant, in his statement recorded under Sec. 161 of the CrPC stated that he never filed any complaint with regard to the alleged torture meted out by the applicant and his family members. It is further pointed out that the only specific averment by the complainant with regard to extending financial support to the applicant was admittedly at the time of lockdown, on his own accord when the deceased informed the former about the applicant having lost his job. Learned counsel submits that the alleged demand of share in deceased 's paternal property would not amount to dowry and relied upon the judgment passed by the Hon 'ble Supreme Court of India in Baldev Singh v. State of Punjab (Criminal Appeal no. 1214/2008, decided on 4/8/2008), in support thereof.