RAKESH SHARMA Vs. STATE OF DELHI

JUDGEMENT

(1.) THIS is a petition for grant of bail by the husband of the deceased, savita, who allegedly died of hanging on 1st October, 2006. FIR No. 917 of 2006 was registered at Police Station Dabri on the complaint of Sanjay Sharma, brother of the deceased, Savita. He has contended that her sister was married to Rakesh Sharma, the petitioner. It is further contended that the petitioner, his father, mother and sister used to harass the deceased for dowry though the family of deceased Savita had given considerable dowry as per their capacity. Demand of Rs. 1. 00 lakh for the construction of house was made, out of which Rs. 50,000/- was given.

(2.) THE plea of the petitioner is that he is innocent and has been falsely implicated and there is no legal evidence against him. The damand of Rs. 1. 00 lakh for construction of house does not construe the demand for dowry and there is no clear evidence to justify that the deceased had been killed by the petitioner or any of his family member.

(3.) LEARNED counsel for the petitioner has very emphatically contended that the father and mother of the petitioner, who are co-accused, have already been released on bail by order dated 7th February, 2007 and 10th July, 2007. It is asserted that since the allegation against the petitioner are also same, he is also entitled to be released on bail. Release of petitioner on bail is also sought on the ground that the deceased has left infant children aged six years, four years and two years who require proper care and attention. It is also contended that the challan has already been filed and the case is fixed for prosecution evidence and no custodial interrogation of the petitioner is required.