KAMAL ALIAS KAILASH JOSHI Vs. STATE OF DELHI

JUDGEMENT

(1.) Preeti Joshi (since deceased and hereinafter referred to as such) married the petitioner on 8.6.2006 according to Hindu customary rites. This marriage could not last even for two months as, on 2.8.2006 her dead body was found from a drain/ pond at Najafgarh. Though further facts would be stated at later stage, it may be worthwhile to mention at this stage that on 30.7.2006 the deceased had come to her maternal home. On 2.8.2006, a missing report vide FIR/DD No. 34 was lodged by the parents of the deceased with P.S. Uttam Nagar stating therein that the deceased had left her matrimonial home on 1.8.2006 informing that she was going to her friend's place but did not return thereafter. After the dead body of the deceased was found, the parents of the deceased informed the petitioner (husband) about the same. The petitioner is the resident of Village Dhilkuli, Ram Nagar, Uttaranchal. After receiving the information of his wife's death, he came to Delhi and after cremation on 3.8.2006 by the petitioner in the presence of his family members, the ashes were collected whereafter the petitioner, along with his other family members, left for his village on 4.8.2006. However, in the evening hours of 4.8.2006, FIR was got registered on the statement of Smt. Rama Devi (mother of the deceased) under Sections 304-B/498-A of the Indian Penal Code (for short, 'IPC'). On the basis of this FIR, the petitioner was arrested on 18.8.2006.

(2.) Two brothers of the petitioner and their wives moved applications for anticipatory bail before the Additional Sessions Judge, which were dismissed on 19.8.2006 and 22.8.2006 respectively. Thereafter, on 18.9.2006, one brother of the petitioner, named Laxmi Dutt was arrested from his residence. On 19.9.2006, another brother Jagdish Joshi and wives of Laxmi Dutt and Jagdish Joshi surrendered before the Police Officials so as to take regular bail. The regular bail applications preferred by the wives of the two brothers namely, Smt. Reeta Joshi and Smt. Rekha Joshi, were dismissed by the learned ASJ on 23.9.2006. Feeling aggrieved by this order, they have filed Bail Appln. Nos. 3606/2006 & 3605/2006 respectively. In these bail applications, the following order was passed on 13.10.2006 granting them interim bail :-

(3.) In the statement of Smt. Rama Devi, mother of the deceased, on the basis of which FIR in question has been registered, she has alleged as under :-