Mr.G.S.Sharma, Mr.V.K.Sharma and Mr.R.A.Sharma, Advocates v. STATE

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4008/2024 SACHIN .....Petitioner Through: Mr.G.S.Sharma, Mr.V.K.Sharma and Mr.R.A.Sharma, Advocates versus STATE (GNCT OF DELHI) THROUGH SHO .....Respondent Through: Ms.Priyanka Dalal, APP for the State alongwith Insp. Rajinder Kumar, Rohini Distt. And SI Raju Singh, P.S.-Roop Nagar CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 05.05.2025 1. This hearing has been done through hybrid mode. 2. The present application under Section 483 BNSS (439 of the Cr.P.C.) seeks regular bail in case FIR No. 173/2019, under Sections 302/304B/498A/34 of the IPC, registered at P.S. Roop Nagar, Delhi. 3. The case of the prosecution as per the status report dated 07.03.2025 authored by SHO/Insp. Ramesh Chandra Kaushik, P.S. Roop Nagar, Delhi, is as under:- “1. It is briefly submitted that on 15.11.2019 above noted FIR was registered at PS Roop Nagar, Delhi, on the statement of complainant Sh. Longshree WI 0 Sh. Hari Chand Rio Vill-Kalkati, Narora, Bulandshahar, U.P. Age 50 Years, that was duly recorded by Executive Magistrate, Civil Lines, Delhi, wherein she made allegations against in -laws of her deceased 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 01/07/2025 at 00:04:35 daughter Suman W/o Sachin. She alleged that on 10107/19, her daughter Suman was got married with accused Sachin S/o Sh. Ravi Shanker R/o Badayun U.P. with Hindu rites and rituals and they gave sufficient gift articles as per their capacity to them. Further that, accused Sachin separated from his family before 10-15 days of Diwali in the year 2019 and started residing in separate Jhuggi along with victim Suman. One day victim Suman informed to her husband that she is suffering from stomach pain, but accused Sachin did not get her treated. On which, the complainant talked to Sachin to get treated Suman but he said that you have not gave sufficient dowry to them. Thereafter victim Suman came to her matrimonial house Narora, District- Bulandshar, UP and statedher mother that Sachin is demanding Rs.50,000/- for E-Rickshaw and regularly harassing her for the same. Further Sachin reached to Narora and took Suman back to Delhi and just after reaching, he again quarrelled with her and beaten her. Due to beating, her unborn child got aborted and despite that Sachin did not get her treated. On which the complainant came to Delhi and asked Sachin to take Suman to Narora to get proper treatment but Sachin did not allow. 2.On 15/11/19, when the complainant called Suman to know about her health, she revealed that she has not got treated by Sachin till now. After that the complainant left for Delhi from Narora and during journey, Suman again called to her and informed that doctors saying that a Police case is necessary before treatment. On which accused Sachin threatened Suman that, first he would kill her and then bear a police case upon himself. After some time mother of Sachin called the complainant and falsely said that Suman had done something wrong with herself. Thereafter, complainant called again and again to Sachin and after various calls, Sachin pick the call and said that Suman had engulfed something and she is unconscious. When the complainant reached to Deep Chand Bandhu Hospital, her daughter Suman was found dead with a deep injury on her head. Complainant alleged that her daughter Suman was killed by her husband Sachin and mother-in laws Raj Kumar, father-in-law RaviShanker, sister-in-law –(Nanad) Preeti and Priyanka and sister-in-law (Devrani) Neetu. 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 01/07/2025 at 00:04:35

3. During the course of investigation, Crime team was called and photographs of the body of the deceased was taken as well as scene of crime i.e. T-42, near under bridge, Shakti Nagar, Delhi was also inspected and photographed. From scene of crime, a pair of blood stained chappal, one blood stained lady's chappal, lady's Shawl of deceased Suman and piece of blood stained stone, blood on gauze, blood stained concrete(floor) and earth control were taken into police possession from the scene of crime. All the facts were appraised to Executive Magistrate, Civil Lines, who had enquired the complainant and had recorded her statement. Consequently, above noted case was registered on the basis of statement of complainant, inspection of scene of crime, MLC and circumstances. And further, investigation of case was taken up by Insp Rajender Kumar Meena. 4. Further, during the course of investigation on the same day i.e. 15.11.2019 accused Sachin Sio Ravi Shankar Rio Jhuggi No. T-42, Shakti Nagar, Delhi was arrested and he got recovered the weapon of offence i.e. Iron Shocker that he used to hit the deceased from the park in front of T-huts. His blood stained clothes were also taken into police possession from his possession. Accused also get pointed out the scene of crime. 5. Further during the course of investigation postmortem of deceased Suman was got conducted at Subzi Mandi Mortuary and body was handed over to the members of her family. The cause of death opined by the concerned doctor is as "The cause of death is cranio-cerebral damage consequent upon blunt force impact which is sufficient to cause death in ordinary course of nature." Further section 302 IPC was also added in the case and after completion of investigation in respect of accused Sachin the charge sheet of the case was filed before the Hon'ble court. Accused Sachin is the main culprit of the crime. The other accused persons namely Ravi Shanakar, Raj Kumari, Ritu and Priyanka have been charge-sheeted by placing them in coloumn no. 12.” 4. Learned counsel appearing on behalf of the applicant submits that the allegations made by the complainant i.e. the mother of the deceased with 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 01/07/2025 at 00:04:35 regard to demand of dowry Rs.50,000/- in order to buy an E-Rickshaw is falsified on account of the fact that the applicant had already owned an E-Rickshaw, therefore, there was no occasion to make such a demand. It is further submitted that the applicant himself took the deceased to the hospital, and therefore, the same shows the bona fide of the applicant. It is further submitted that the applicant has been in custody for more than five years, only 6 witnesses have been examined so far and no useful purpose would be served by keeping the applicant in custody. The complainant and the deceased’s father have been examined. 5. Learned counsel for the applicant submits that long incarceration can be a ground for bail and places reliance on the following judgments:- i. Manoranjana Singh @ Gupta vs. Central Bureau of Investigation, (2017) 1 Crimes 302 ii. Shri Arun Kumar @ Arun Kumar Malik vs. State, 2022 (2) JCC 1211 iii. Parvez vs. State, 2022 (1) JCC 454 iv. Sharif Khan vs. State GNCT of Delhi passed by a Co-ordinate Bench of this Court in Bail Appln. 3342/2024 on 04.10.2024 6. Per contra, learned APP for the State submits that the applicant had taken the deceased to the hospital and the post mortem report shows the nature and extent of ante-mortem injuries, which have been noted in the said report. It is submitted that out of 20 witnesses cited by the prosecution, 6 witnesses have been examined. 7. The post mortem report in the present case, notes the following injuries:- “EXTERNAL EXAMINATION: External Injuries:- 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 01/07/2025 at 00:04:35

1.Bluish black bruise 7.5x4.5 cm present at left eye lids involving upper and lower eye lids and extending towards left side of forehead. On dissection: infiltration of blood present. 2.Lacerated wound 4x1cm is obliquely placed at right frontal region, 3.2cm above anterior hairline, 5cm above right eyebrow and 8.5cm above left ear exposing the underlying skull bones. Margins of the wound is abraded and bruised. Clotted blood present at site. 3.Lacerated wound 3x1cm is present just behind the left ear at mastoid region. Margins of the wound is abraded and bruised. Clotted blood present at site. 4.Lacerated wound 0.7x0.5cm present at posterior surface of left ear. Margins of the wound is abraded and bruised. Clotted blood present at site. 5.Incised looking lacerated wound 2.4x0.3cm is vertically placed at left side of face, 0.5cm in front of tragus of left ear. Clotted blood present. 6.Lacerated wound 2 in number 0.7x0.7cm and 0.5x0.2cm present at left side of face, 0.3 cm in front of injury no. 5. Margins of the wound is abraded and bruised. Clotted blood present at side. 7.Reddish bruise 5.5x4.5cm present t left side of face corresponding to left cheek just lateral to injury no.1. 8.Bluish black bruise 19x12cm present at left shoulder. On dissection: infiltration of blood present. 9.Multiple black bruise 3 in no size varying from 3.5x2.5xcm at back of left forearm. On dissection: infiltration of blood present. 10.Reddish brown linear abrasion 0.5x0.1cm present at right side of chin, 1cm from midline. 11.Incised stab wound, 2x0.8cm, obliquely placed at inner aspect of right thigh, 10cm below mid inguinal region. Outer and upper angle is acute and clean cut and inner angle is obtuse and blunt. On Dissection: A tract is formed directing medially and downward traversing the underlying muscles and femoral vessels which are clean cut. Infiltration of blood present along the tract. Clotted blood present. Depth of the wound is 6.7 cm. 12.Incised stab wound, 2x0.5cm, obliquely placed at inner aspect of right thigh, 6cm from injury no 3. Outer and upper 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 01/07/2025 at 00:04:35 angle is acute and clean cut and inner angle is obtuse and blunt. It is muscle deep. Infiltration of blood present. Clotted blood present. 13. Incised stab wound, 2x 0.8 cm, obliquely placed at back of right side of hip, 6cm below superior iliac spine. Outer and upper angle is acute and clean cut and inner angle is obtuse and blunt. It is muscle deep. Infiltration of blood present. Clotted blood present. 14. Multiple Incised stabs wound 5 in number size varying from 1x0.2x1.2, obliquely placed at right gluteal region, 6cm below superior iliac spine. Outer and upper angle is acute and clean cut and inner angle is obtuse and blunt. It is muscle deep. Infiltration of blood present. Clotted blood present at site.” 8. Admittedly, the applicant had taken the deceased to the hospital. There is no explanation to the aforesaid injuries on the body of the deceased. Keeping in view the facts and circumstances, the Court is not inclined to grant bail to the applicant at this stage. 9. The bail application stands dismissed, accordingly 10. Needless to state, nothing mentioned hereinabove is an opinion on the merits of the case and any observations made are only for the purpose of the present bail application. 11. The learned Trial Court is requested to ensure that the trial in the present case is concluded as expeditiously as possible, preferably within a period of six months from today. 12. Order be communicated to the concerned Jail Superintendent and the learned Trial Court for necessary information and compliance. 13. Order be uploaded on the website of this Court forthwith. AMIT SHARMA, J MAY 05, 2025/dy/pr Click here to check corrigendum, if any