–Report by Harshit Yadav

In the case of Raj Kumar Versus. The State, National Capital Territory Of Delhi, the petitioner/applicant, Mr. Raj Kumar Singh, has been accused of pushing his sister-in-law off the terrace of her matrimonial house, resulting in grievous injuries. The victim has alleged that she was subjected to cruelty and harassment by her in-laws for dowry and was restrained from communicating with her parents and husband. The applicant denied the allegations and claimed that the victim had jumped off the terrace herself. The court has dismissed the applicant’s previous bail applications, and the present application is being heard.

FACTS:

The petitioner is seeking regular bail in FIR No. 512/2022 under Sections 307/498A/34 of the Indian Penal Code, 1860 (‘IPC’), registered at PS Ranhola, New Delhi. The FIR was registered on June 21, 2022, after a PCR call was received at PS Ranhola, Delhi regarding a lady (complainant) falling from the roof of her matrimonial house. Upon receiving information, the SDM Punjabi Bagh reached the hospital and recorded the statement of the victim. The victim alleged that she had married Mr. Ram Kumar and Rs. 2.5 lakhs were paid as dowry. After her marriage, she was taunted, beaten, and threatened for dowry as well as restrained from communicating and or meeting with her parents and husband. The victim has alleged that on June 21, 2022, by reason of her request to meet her mother, the present applicant, Mr. Raj Kumar Singh (brother-in-law) along with other accused persons namely, Nempal Singh (father-in-law), Mamta (mother-in-law), & Monica (sister-in-law) dragged her to the terrace and pushed her from there. During the course of investigation, the statement of an eyewitness, Ms. Babita was recorded, she stated that the complainant herself jumped from the roof. However, during the further course of the investigation, the said eyewitness retracted her previous statement. During the investigation, Call Detail Records were obtained & analyzed as well as a supplementary statement of the complainant was also recorded under Section 161 of CrPC. After the completion of the investigation, a chargesheet was filed before the Court of competent jurisdiction. The present applicant had filed two bail applications, which were dismissed by the learned Additional Sessions Judge-05 and learned Additional Sessions Judge-09. The present application seeks grant of regular bail.

ISSUES RAISED:

Whether the petitioner/applicant is entitled to be granted regular bail under Sections 439 and 482 of the CrPC in FIR No. 512/2022 under Sections 307/498A/34 of the IPC.

Whether the allegations of cruelty and dowry harassment against the petitioner/applicant and other co-accused persons are true or false.

Whether the complainant jumped from the terrace of her matrimonial home or was pushed by the petitioner/applicant and other co-accused persons.

Whether the eyewitness, Ms. Babita, retracted from her previous statement due to any pressure or influence from the petitioner/applicant and other co-accused persons.

Whether the supplementary statement of the complainant under Section 161 of CrPC and the call records support the allegations made against the petitioner/applicant and other co-accused persons.

Whether the grant of anticipatory bail to Ms. Monica, the wife of the petitioner/applicant, is relevant to the present case.

PETITIONER’S CONTENTIONS:

The applicant’s counsel has contended that the allegations are false and no specific allegations have been made against the present applicant. They have argued that the complainant herself jumped off the terrace, and this has been corroborated by an eye witness. They have also pointed out that the complainant’s husband has not been accused in the case.

RESPONDENT’S CONTENTIONS:

The prosecution, on the other hand, has argued that there is sufficient evidence to establish the involvement of the present applicant in the crime. They have presented the complainant’s statement alleging cruelty and dowry demands by the accused, corroborated by the supplementary statement of an eye witness. They have also cited the recovery of three handwritten slips thrown by the complainant, requesting help from her relatives, and the admission of the complainant in her additional statement that she communicated with her family through the accused’s phone.

JUDGEMENT:

In this case, the petitioner/applicant has sought regular bail in FIR No. 512/2022 under Sections 307/498A/34 of the Indian Penal Code, 1860 (‘IPC’), registered at PS Ranhola, New Delhi. The petitioner is accused of pushing his sister-in-law from the terrace of her matrimonial home, among other charges.

The court has considered the facts of the case, including the statement of the victim, who alleges that she was taunted, beaten, and threatened for dowry, and was restrained from communicating or meeting with her parents and husband. The victim has also alleged that the present applicant, along with other accused persons, dragged her to the terrace and pushed her from there.

During the course of the investigation, an eye witness initially stated that the complainant had jumped from the roof, but later retracted her statement and stated that the complainant was hanging from the roof and fell down due to a loosening of her grip. The complainant admitted to communicating with her mother, brother, and husband through the phone of the present applicant and his wife, and stated that her relatives witnessed her being abused and misbehaved at the hands of the present applicant and his family. She further stated that the present applicant, along with the other co-accused persons, threw her from the terrace after she expressed a desire to leave her matrimonial home.

The court has also considered the fact that the present applicant’s wife, Ms. Monica, was granted anticipatory bail by the Additional Sessions Judge-09, Tis Hazari Courts.

Based on the above facts and circumstances, the court is of the opinion that the allegations against the present applicant are serious in nature and require further investigation. The court further notes that the applicant’s previous bail applications have been dismissed by the competent courts.

The court, therefore, finds no ground to grant regular bail to the present applicant at this stage. The application is dismissed

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