–Report by Shreya Gupta

In the recent case of SURAJ MALIK Versus THE STATE GOVT. OF NCT OF DELHI, the bail was sought under section 439 of CrPC, 1973. The applicant was arrested under Sections 498A/306/34 of the Indian Penal Code, 1860. The petitioner, in this case, is Suraj Malik and the respondent is the state govt. of NCT of Delhi.

FACTS:

Shefali Malik the deceased was admitted to the hospital on account of burn injuries by her neighbour. It was revealed to the police that she was married for less than 7 years to her husband who had a 4-year-old son from his previous marriage on account of which F.I.R. was registered. The statement the patient was taken in which she admitted that she burned herself because she did not want to live as her mother-in-law used to taunt her for dowry and harasses her. She also claimed that her husband used to abuse her and that her sister-in-law was innocent. The F.I.R. was filed under Sections 498/306/34 of the IPC was registered and an investigation was taken up.

PETIONER’S CONTENTIONS:

The advocate of the applicant stated that the statement given by the father of the deceased varied completely from the dying declaration of the deceased. He alleged that statement was given by the father only to add section 304B to the F.I.R. since earlier it was registered only under section 306 of the IPC. He stated that there was no abetment to suicide. He also added that the deceased in the hospital asked the applicant to stay with her. He stated that since the chargesheet is already filed there is no useful purpose in making him stay under custody. He supported his arguments with previous judgements of i. Ranjeet Singh v. State, 2005 (2) J.C.C. 905 ii. Kamal @ Kailash Joshi v. State, 2007 I.A.D. (Delhi) 31 iii. Nitin Kumar v. State, 2015 IVAD (Delhi) 109 iv. Deepak v. State, 120 (2005) D.L.T 146.

RESPONDENT’S CONTENTIONS:

The father of the deceased alleged that she was harassed and demanded a dowry. He alleged that the applicant and the mother-in-law burnt his daughter to death. He alleged that her daughter was asked for Rs. 25 lakhs out of which he already gave Rs. 10 lakhs in demand of it. He also alleged that her daughter was pregnant but they got her aborted because Suraj malik already had a son from his previous marriage. He also alleged that she was maltreated when she got pregnant for the second time. The advocate mentioned that it is stated in the dying declaration that she was harassed and abused by her husband and mother-in-law.

JUDGEMENT:

The court stated that “Perusal of the aforesaid dying declaration made by the deceased reflects that the deceased was not happy at her matrimonial home, more specifically, with her relationship with her mother-in-law, but at the same time the fact that she did not make any allegation with respect to demand of dowry made by the present applicant cannot be lost sight of.” The court further passed his application for bail provided with some terms and conditions and a personal bond of Rs. 50,000 and a surety.

READ FULL JUDGEMENT: https://bit.ly/40YO59g

Neutral Citation Number: 2023/DHC/001062