PADMA TIWARI Vs. STATE

JUDGEMENT

(1.) The present application, under Sec. 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.), has been filed by the petitioner seeking Regular Bail during the pendency of trial in connection with FIR No. 157/2019 (subject FIR), dtd. 30/4/2019, registered under Ss. 302/34 of the Indian Penal Code, 1860 (IPC), at Police Station Kishan Garh, Delhi.

(2.) On 16/3/2019, during the Night Emergency Duty, a PCR call was received, recorded as DD No. 31A, informing about the death of one Ms. Pooja Rai (deceased), who had been brought dead to the Fortis Hospital. In response, Assistant Sub-Inspector (ASI) Ajeet, accompanied by the Constable Santosh, reached the Fortis Hospital, where the deceased, Pooja Rai, wife of the co-accused Rahul Kumar Mishra, a resident of 106-B, Kishangarh, Vasant Kunj, New Delhi, was declared dead by the attending doctor, as per the MLC No. 6246/2019. The medical opinion indicated that she was brought in an unconscious and comatose state.

(3.) Upon a preliminary inquiry, the co-accused person, Rahul Kumar Mishra, stated that his marriage with the deceased was solemnized on 23/4/2017. He further stated that on 16/3/2019, at approximately 06:45 PM, upon returning home from work, he found the main door of the house to be open and found the deceased to be lying unconscious inside. Thereafter, he called for assistance from his cousin, Vinay, who resided in the same locality. The deceased was, then, immediately taken to the Fortis Hospital, where she was declared dead by the attending medical officer. The co-accused Rahul Kumar Mishra, subsequently, handed over two handwritten notes written in pink ink to ASI Ajeet, stating that he had found the said notes lying near the body of the deceased on a bedsheet on the floor in the hall. These notes were taken into possession by the ASI Ajeet as part of the investigation.