Dismissed

Sona v. State

Delhi HC10 Aug 2011BAIL APPLN./821/2011

Case brief

AI extract

What is this about?

The Court dismissed two anticipatory bail applications filed by the sister-in-law and mother-in-law of a deceased woman in a Section 498A and 304B IPC case involving alleged suicide. The Court held that granting bail during the ongoing investigation was not conducive to fair inquiry, despite arguments about an exonerating dying declaration.

What did the court decide?

Anticipatory bail applications of both petitioners are dismissed.

Sona Vs State — Dowry and Cruelty | Delhi HC (2011)

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*** HIGH COURT OF DELHI AT NEW DELHI**

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Date of Decision: 10.08.2011

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+1. Bail Appl. No.821/2011

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SONA …… Petitioner Through: Mr.Rakesh Kumar, Adv. Versus STATE …… Respondent Through: Mr.Mukesh Gupta, APP.

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2. Bail Appl. No.822/2011

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NURJAHAN @ NURA …… Petitioner Through: Mr.Rakesh Kumar, Adv. Versus STATE …… Respondent Through: Mr.Mukesh Gupta, APP.

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CORAM : HON’BLE MR. JUSTICE V.K. SHALI

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Whether Reporters of local papers may be allowed to see the judgment ? No

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To be referred to the Reporter or not ? No 3. Whether the judgment should be reported No in the Digest ?

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V.K. SHALI, J. (Oral)

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These are two anticipatory bail applications Nos.821/11 & 822/11, filed by the petitioners, Sona/sister-in-law and

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Nurjahan/mother-in-law of the deceased Apsra in respect

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Bail Appl. Nos.821/11 & 822/11 Page 1 of 4

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of FIR No.212/2011, under Section 498A, registered at PS Sultanpuri, Delhi in which subsequently Section 304B IPC has been added.

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The allegations, as recorded in the FIR, are that on 27.12.2006, the daughter-in-law of the complainant, named, Apsra, resident of Village-Dhaunj, DistrictFaridabad, Haryana was married to Zulfikar, son of Noorjahan and brother of Sona, according to Islamic rites. It is alleged that they were blessed with two children from the wedlock. On 22.05.11, the daughter of the complainant Apsra committed suicide by burning herself. She is alleged

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to have been taken to Sanjay Gandhi Hospital, where she succumbed to injuries. It is alleged, in the application, that the death of the deceased was on account of having got the burn injuries because of the stove. She had got her statement recorded before the Tehsildar, stating that no one is responsible for the incident. Subsequently, the deceased had succumbed to injuries.

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Anticipatory bail applications, filed by the petitioners, were rejected by the learned Addl. District & Sessions Judge vide two separate orders.

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Bail Appl. Nos.821/11 & 822/11 Page 2 of 4

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The main contention of the learned counsel for the petitioners is since the dying declaration recorded by the Tehsildar exonerates the accused persons and there was no complaint in writing from the date of marriage till the time of death, therefore, no presumption against the petitioners could be drawn that it was a case of dowry death. Accordingly, anticipatory bail is prayed for.

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Learned counsel for the State has opposed the bail applications and has stated that the dying declaration was a manipulated one. Apart from this, it has been stated that investigations have shown that no stove or kerosene oil was recovered from the kitchen of the deceased. Therefore, the story set up by the petitioners of accidental fire is highly doubtful.

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I have considered the respective submissions of learned counsel for the parties.

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Having regard to the facts of the case and the nature of serious allegations, the enlargement of the petitioners on anticipatory bail, at this stage, when the investigations are still underway will not be conducive to the fair

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Bail Appl. Nos.821/11 & 822/11 Page 3 of 4

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investigation. Accordingly, the anticipatory bail applications of both the petitioners are dismissed.

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V.K. SHALI, J. August 10, 2011 SS

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Bail Appl. Nos.821/11 & 822/11 Page 4 of 4

Sona v. State

Case brief

What is this about?

What did the court decide?

Sona v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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