CHANDRAWATI Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present petition has been filed under Section 438 read with Section 482 of the Code of Criminal Procedure, 1973 seeking grant of anticipatory bail in FIR No. 150/2018 under Sections 304B/498A/34 of the Indian Penal Code, registered at Police Station Anand Parbat.

(2.) Brief facts of the case are that, on receiving the D. D. No. 43A dated 27.05.2018, ASI Chander Pal along with other police officials reached at the spot i.e. House No. 52/37A, Gali No. 16, Nai Basti, Anand Parbat, Delhi and found a lady namely Hemlata W/o Sandeep Kumar hanging; that during search of room a suicide note was found stating that 'Mein Hemlata Iss Zindagi Se Pareshan Hokar Yeh Kar Rahi Hoon. Meri Wajah Se'; that on the complaint of mother of the deceased Smt. Kamlesh W/o Shri Jai Kishan alleging that husband and in-laws of the deceased used to beat and harass her daughter for want of dowry, FIR in the instant case was got registered.

(3.) Mr. Tuli, learned counsel appearing for the petitioner contended that the petitioner being innocent is implicated in a false and frivolous case; petitioner is a senior citizen aged about 70 years and suffering from various old age illnesses; that the suicide note does not mention the name of the petitioner; that the petitioner was not in town at the relevant time; that the alleged demand of dowry was for use of co-accused (husband of the deceased) and the petitioner cannot be held guilty for the same.