Final Order 4

Order Details: COPY OF ORDER
Pdf Text: Bail Matter 283/2023
STATE Vs. SACCHAN MIAN ANSARI
FIR No. 86 /2023 (Ambedkar Nagar)
15.03.2023
Present : Sh. Santosh Kumar, Ld. Addl. PP for State.
Sh. Javed A. Ansari, Ld. Counsel for accused.
Sh. Laddan Ali, complainant/ father of deceased.
IO/Inspector Munesh Kumar.
Fresh vakalatnama has been filed on behalf of accused/applicant. Taken on
record.
Reply to the bail application filed. Taken on record.
Arguments heard.
It has been submitted by Ld. Counsel for accused/applicant that he has been
falsely implicated in this case and he did not do any offence as alleged. It has been
submitted that the deceased lady was short tempered and she has attempted suicide before
marriage at her parental house also. It has been further submitted that the unfortunate death
of the deceased did not take place due to any fault of the accused/applicant or his family
members. Also, present FIR was registered at the instance of the complainant (father of the
deceased lady) under pressure from his relatives and now he has accepted this fact that they
were not at fault. He is in JC since 23.02.2023. No purpose shall be served by keeping him
behind the bars specially because the matter has been settled between the parties. He is
ready to abide by any condition to be imposed by this Court. Prayer has been made on this
ground.
Ld. Addl. PP for the State has vehemently opposed the application on the
ground that allegations against the accused/applicant are serious in nature. It has been
submitted that as per the FIR, the marriage between the parties took place on 31.12.2022
and the daughter of the complainant expired on 20.02.2023 i.e., within a period of 2 months
after the marriage. It has been submitted that the investigation is at initial stage as even
cause of death has not been ascertained and the opinion of doctors on this particular aspect
is yet to be received. Also, the offence in question is not compoundable and it seems that the
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accused/applicant alongwith his relatives has already won over the complainant/witnesses.
He has submitted that his application may be dismissed.
Complainant has submitted that his daughter was stubborn by nature. It has
been further submitted that she had attempted suicide before marriage also. Further, they
knew the applicant and his family since long and now, they want that this matter may be
disposed of as there is no fault of applicant or his family members in whatever has
happened.
I have considered the submissions from both the sides alongwith record.
Admittedly, the present FIR for the offences U/s 498A/304B/34 IPC was
registered on 23.02.2023 at the complaint of Mr. Laddan Ali (father of the deceased lady).
As per the contents of the FIR, his daughter got married to the son of the accused/applicant
herein on 31.12.2022. She used to work in Fortis Hospital before marriage but after
marriage her in-laws pressurized her to leave said job. There are specific allegations
regarding her being harassed by her husband and her in-laws (including the applicant) for
dowry. It has been further mentioned therein that the husband of the lady and her in-laws
has killed her by way of hanging.
Admittedly, the cause of death of the deceased has not come on record as the
opinion in this regard is yet to be received. The lady got expired within 2 months after
marriage with the son of the accused/applicant and there are specific allegations against the
applicant in the FIR. I agree with the submissions of Ld. Addl. PP for the State on the aspect
that the offence in question is heinous in nature and same cannot be compounded by the
parties.
Considering the nature of offence, the specific allegations against the
accused/applicant herein and the initial stage of the investigation, this Court is not
inclined to grant bail to accused/applicant Sacchan Mian Ansari. Accordingly, his bail
application stands dismissed.
Copy dasti to all concerned.
(Sunil Gupta)
Addl. Sessions Judge-06 (South)
Saket Courts/ New Delhi/ 15.03.2023
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