FARHAN @ SAMEER Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By this petition filed under Section 439 of Cr. P.C., the petitioner seeks bail in a case registered as FIR No. 21/2013 under Section 364/302/120B/201/34 of Indian Penal Code, at Police Station Ranhola, Delhi.

(2.) Petitioner is the husband of deceased Abhilasha. Marriage between them was solemnized on 19.03.2012. In the month of July 2012 a missing report was lodged by the petitioner with Police Station Ranhola, Delhi vide DD No.48A, dated 21.07.2012. On 20.07.2012 a female dead body was recovered near railway track and the inquest proceedings were conducted by Police Station Gabhana Aligarh, U.P. and the body of deceased was disposed of as unclaimed as the identity of body could not be established.

(3.) The present case was registered on 03.02.2013 on the complaint of Santosh Devi, who was mother of the deceased Abhilasha, wherein she suspected her son -in -law (petitioner herein) that he might have murdered her daughter and disposed the body somewhere. Investigation started and on the same date, the petitioner was interrogated, wherein he disclosed that he came to Delhi and started to live with Abhilasha (since deceased). In the meantime the petitioner came to know that the deceased had illegal and immoral relation with a person namely Bobby. Thereafter, she threatened him with dire consequences if he did not marry her. Finally the petitioner got married with Abhilasha but he was not happy with this marriage and he wanted to get rid of her. It is further disclosed by the petitioner that he planned the murder of Abhilasha alongwith Shanu . On 19.07.2012 he went to Aligarh with Abhilasha on the pretext of attending a marriage and met Shanu on the way (the co -accused in the present case). Thereafter the petitioner, alongwith Shanu, Mushir Ahmad and unknown person executed the murder of Abhilasha and the body was dumped near the railway track to destroy the evidence. Accordingly, the petitioner was arrested on 03.02.2013. Inquest papers of the deceased were obtained in which the doctor opined the cause of death as 'death is due to shock and hemmorrhage as the result of ante mortem injuries'. Thereafter, the other co -accused Shanu @ Moin Khan was arrested on 08.03.2013.