Delhi High Court · 2025

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2067/2025 SURAJ DAS .....Petitioner Through: Ms. Manisha Parmar, Mr. Baljit Kumar, Ms. Shreya Bhola, Ms. Sonica yadav, Mr. Devanshu, Advocates. versus STATE,NCT OF DELHI .....Respondent Through: Mr. Utkarsh, APP for the State. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 30.10.2025 1. First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the Petitioner, Suraj Das for grant of Regular Bail in FIR No. 324/2024 under Section 498A/304B/34 of the Indian Penal Code, 1860 (corresponding Section 85/80/3(5) of the Bharatiya Nyaya Sanhita, 2023, registered at Police Station Burari. 2. It is submitted that the allegations leveled against the Applicant by the Complainant, Mr. Dilip Sarkar, father of Ms. Deepanjali, who was married with the Applicant, was that he had spent handsomely in the marriage of his daughter with the Applicant but she was subjected to physical and mental harassment, soon after her marriage. It was alleged that co-accused, Mohan Das, father of the Applicant, who was employed in SBI, used to return back home at times in inebriated conditions and gave taunts to the deceased. It was also alleged that co-accused Jharna Das, who is mother-in-law of the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/11/2025 at 11:12:51 deceased and the co-accused, Pooja Das, younger sister of the Applicant and other co-accused, Deepika @ Lali (sister-in-law), who was unmarried, used to mentally torture and humiliate the deceased, for bringing less dowry and for not bearing a child. It was asserted that many a times, deceased had telephonically informed him through the WhatsApp Chats. The Complainant visited the matrimonial house of his daughter, to ensure if a matrimonial life had improved but to no avail. 3. It was a claim that the accused persons had demanded money from him around one year prior to the demise of the daughter. It was further stated by the Complainant that before her demise, the daughter had sent a message to the Complainant on 24.05.2024 on his WhatsApp at about 11:15 p.m. in Bengali language, which translated as “Main mar gai to Lali aur uski Maa ko jail bhejna, chhodna nahi, mere kaaran hi is ghar me sab problem hain, ye batakar main ja rahi hu.” 4. After receiving a WhatsApp message, he tried to call the daughter, but she did not pick the phone. He then called the Petitioner and his family members on their mobile phones repeatedly, but no one responded for 45 minutes. It was only at 12:08 a.m. that the Applicant attended the call of the Complainant informing that Ms. Deepanjali had committed suicide. She was brought by the Applicant to Burari Hospital, Kaushik Enclave, Delhi at about 11:52 p.m. and despite attempts to resuscitate her, she was declared ‘brought dead’ at 11:55 p.m. 5. The Complainant reached Delhi on 25.05.2024 from Dinapur, West Bengal along with his relatives and was taken to Sabzi Mandi Mortuary where he identified the deceased. On the same day, Statement of the father of deceased, was recorded by Executive Magistrate (Civil Lines), This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/11/2025 at 11:12:51 Government of NCT of Delhi. The Present FIR was registered on 25.05.2024 at 23:42 at Police Station Burari against the Applicant and his family members. 6. The Charge-Sheet without arrest of Mohan Das, father of the Petitioner and Pooja Das, elder sister of the Applicant, has been filed. Smt. Jharna Das, the mother and Ms. Deepika @ Lali, the younger unmarried sister of the Applicant, are in judicial custody. It is submitted that the Applicant did not have any acrimonious relationship with the deceased, who in fact was unable to adjust to the lifestyle in Delhi. She used to miss her parents and sister so much that often she could not eat properly and felt alone and became emotionally stressed. 7. The Applicant stated that on account of his job, he often used to return home late, which also caused distress to the deceased. He and his wife (deceased) both wanted a child but were unable to conceive, which also pushed the deceased towards depression. She had a subserosal fibroid of size 3.0 x 2.7 cm in left lateral myometrium for which, she consulted the doctor but it was explained that having subserosal fibroid, is the unlikely cause of infertility and that it can lead to complications during pregnancy. Because of all these factors, she was remained depressed, despite all the efforts of the Applicant. 8. The Applicant states that he and his family members never demanded any dowry as is alleged. He always made an endeavour to keep the deceased happy within his limited source of income. He took care of all her needs. Even during her visit to her parents in November, 2023, in Bengal, she did the shopping of items worth Rs.1,00,000/- on 23.11.2023 for which payment was made through HDFC Credit Card of the Applicant. The This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/11/2025 at 11:12:51 photographs of the deceased and Applicant, are placed on record to evidence the happy marital relations between them. 9. The Applicant was formally arrested on 26.05.2024 at about 01:05 am at Police Station Burari, even though no grounds of arrest were ever communicated to the Applicant. His arrest was in contravention of principles of law. The mandatory requirement of Section 50 Cr.P.C. was not complied with. 10. Reliance is placed on Prabir Purkayastha vs. State (NCT of Delhi), (2024) 8 SCC 254. 11. It is further submitted that the First Regular Bail Application of the Applicant, was dismissed by the learned Special Judge, Delhi, in a mechanical manner. The Anticipatory Bail Application preferred by the co-accused, Smt. Jharna Das (mother of the Applicant) and co-accused, Deepika (younger unmarried sister), have been dismissed by the learned Special Judge vide Order dated 09.08.2024. The Application for issuance of process under Section 82 of the Code of Criminal Procedure, 1973, was issued against Smt. Jharna Das and Deepika @ Lali, but the learned JMFC-09, Central District, Tis Hazari Courts, deemed it appropriate to issue fresh NBWs, to secure their presence. 12. The Bail is opposed on the grounds that there are no specific allegations leveled against the Applicant, of causing any harassment to his wife. Even as per the WhatsApp message, the allegations have been made only against the mother-in-law and the unmarried sister-in-law and not against the Applicant. The audio-recordings provided by the father of the deceased, also do not whisper of any demand of any kind either by the Applicant or his family members. The transcripts, however, show that the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/11/2025 at 11:12:51 deceased was upset with the mother-in-law and the younger sister-in-law. Only generic allegations have been made against the Applicant that he did not support the deceased, but always sided with mother and sister. Further, it was alleged that around one year back, the money was demanded to construct the house and on many occasions, they demanded money. 13. The Applicant was not present at home at the time of alleged incident as he was in enroute home from his office at Noida. The allegations of demand of Rs.10,00,000/- came up for the first time in the Supplementary Statement 10.06.2024 wherein also, the name of the Applicant, is not specifically mentioned. There is nothing to suggest that there was any acrimonious relationship between them. 14. Reliance is placed on Pranav Kuckreja vs. State (NCT of Delhi), 2024 SCC OnLine Del 9549; Marfing Tamang vs. State (NCT of Delhi), 2025 SCC OnLine Del 548; Vihaan Kumar vs. State of Haryana and Another, 2025 SCC OnLine SC 269; Ashok Sagar vs. State (NCT of Delhi), 2018 SCC OnLine DEL 9548; P. Chidambaram vs. CBI, 2019 SCC OnLine SC 1380; Prabhakar Tiwari vs. State of U.P. & Anr., 2020 SCC OnLine SC 75; Ram vs. State of M.P., (1978) 4 SCC 47; Navendu Babbar vs. State of Delhi, MANU/DE/1247/2020; Babu Singh vs. State of U.P.; (1978) 1 SCC 579; Gurcharan Singh and Others vs. State Delhi Administrative, reported as (1978) 1 SCC 118 and Anil Mahajan vs. Commissioner of Customs, 2002 (2) JCC Delhi 302. 15. Furthermore, there is no apprehension that the Applicant would evade the process of law or influence the witnesses. He undertakes to abide by the conditions, which may be imposed. Hence, the Bail is sought. 16. Status Report has been filed on behalf of the State where the entire This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/11/2025 at 11:12:51 investigations as stated above, has been detailed. The First Charge-Sheet was filed on 22.08.2024 against the Applicant, Mohan Das, who is the father of the Applicant and Pooja, the sister, who both had not been arrested. Later, mother-in-law, Smt. Jharna Das and Deepika @ Lali, surrendered and both were arrested in this Case, against whom the Supplementary Charge-Sheet, has been filed. The Charges under Section 304B/498A/34 IPC and Section 306/34 IPC, have been farmed on 14.05.2025 against all the co-accused persons. 17. Bail is opposed in view of the gravity of the offences and nature of allegations, the status of trial and likelihood that the Applicant may influence the material witnesses and hamper the fair process of trial. 18. Submissions heard and the record perused. 19. The Petitioner had got married to the deceased on 21.04.2022 and after about 2 years of the marriage, the deceased committed suicide by hanging on 24.05.2024. The Complaint was made by the father of the deceased, wherein various allegations of harassment and dowry demands were made on which the FIR was registered. As per Complaint, generally the allegations against the Petitioner husband are that he used to support his mother and sister against the deceased. There was a WhatsApp message sent by the husband to the deceased on the day of her demise wherein he had told that he would not be coming early and only his dead body that would come. 20. Furthermore, it is a case of the Prosecution that before committing suicide, she had called her father wherein she made allegations against the mother-in-law and the sister-in-law. No allegations, whatsoever, were made against the Petitioner. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/11/2025 at 11:12:51

21. Also, father of the deceased had submitted a audio conversation of the deceased with the family member, wherein the allegations were only against the mother-in-law and the sister-in-law. The Applicant has relied on various photographs to show that deceased and he shared cordial relationship and she never had any Complaint against him. 22. Admittedly, the Chargesheet has been filed against the Applicant. He is in Judicial Custody since 25.05.2024. Considering the totality of circumstances and the judicial custody of the Applicant and the surrounding circumstances, he is granted Regular Bail, on the following terms and conditions: a) The Petitioner/Accused shall furnish a personal bond of Rs.35,000/- and one surety of the like amount, subject to the satisfaction of the learned Trial Court. b) The Petitioner/Accused shall appear before the Court as and when the matter is taken up for hearing; c) The Petitioner/Accused shall provide his mobile number/changed mobile number to the IO concerned which shall be kept in working condition at all times; d) The Petitioner/Accused shall not indulge in any criminal activity and shall not communicate or intimidate the witnesses. e) In case the Petitioner/Accused changes his residential address, the same shall be intimated to learned Trial Court and to the concerned I.O. 23. The copy of this Order be communicated to the concerned Jail Superintendent, as well as, to the learned Trial Court. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/11/2025 at 11:12:51

24. The Bail Application is accordingly disposed of. NEENA BANSAL KRISHNA, J OCTOBER 30, 2025/RS