Surinder Singh v. State Govt of NCT of Delhi

1. The present application has been filed by the petitioner under Section 439 Cr.P.C. for grant of bail in case FIR No.647/2014, under Sections 498-A/306/406/34 IPC, registered at PS Hari Nagar, Delhi.

2. Brief facts of the case are that the complainant Sh. Harvinder Singh, father of the deceased Ms. Kamalpreet Kaur, made a complaint to the police alleging that his daughter Ms. Kamalpreet Kaur got married with petitioner. The said marriage of petitioner was love-cum-arrange marriage and out of the wedlock two children were born namely Jas Karan Singh (son) aged about 12 years and Ekvinder Kaur @ Babbal aged about 13 years. Bail Appl. No.341/2015 Page 1 of[6] 2015:DHC:10605 u

3. It was alleged by the complainant that petitioner used to quarrel and beat Kamalpreet Kaur for the last 6-7 years and Kamalpreet Kaur used to tell her family members about the said incidents.

4. It is further alleged by the complainant that he was the owner of the property bearing No.WZ-248C, Second Floor, Gali No.5, Virender Nagar, New Delhi and about 7-8 years back, he transferred the said property along with roof rights in favour of Kamalpreet Kaur and since then the petitioner used to pressurize Kamalpreet Kaur to dispose off one floor of the aforesaid property so that he can repay the loans and for these reasons the petitioner used to beat Kamalpreet Kaur. The petitioner has disposed off all the jewellery articles of Kamalpreet Kaur. The petitioner used to return in drunken state at his house and used to quarrel and beat Kamalpreet Kaur.

5. On 18^*^ June, 2014 at about 12 noon, the complainant's grand-daughter Ekvinder Kaur @ Babbal made a telephonic call to the complainant that "Mummy uth nahi rahi hai or papa na kaha hai ki mummy to kuch ho jaye toh nani ko phone kar dena". Immediately, the complainant along with his family reached at his daughter's house and found that Kamalpreet Kaur was lying unconscious on the bed and neighbours were also gathered around his house. Thereafter, they took her to DDL) hospital where doctors declared her "brought dead". Bail Appl. No.341/2015 Page 2 of[6]

6. On the basis of the aforementioned complaint a FIR No.647/2014 dated 18^"^ June, 2014 under Sections 498A/306/406/34 IPG was registered at PS Hari Nagar, New Delhi and on the same day the petitioner i.e. Surinder Singh was arrested and thereafter was sent to judicial custody. The charge sheet has also been filed.

7. The allegation of the complainant that the property bearing NO.WZ-248C, Second Floor, Gali No.5, Virender Nagar, New Delhi was transferred by him in favour of her daughter Kamalpreet Kauri i.e. deceased is absolutely false. It is argued by the petitioner's counsel that the above said property was earlier purchased by Surinder Singh i.e. petitioner and Lakhbir Singh (brother of the petitioner) from Smt. Mohinder Kaur and after the family settlement Lakhbir Singh transferred his right in the aforesaid property in favour of Kamalpreet Kaur. Copy of the sale-deed was produced.

8. It is also argued by counsel for the petitioner that the petitioner has two children to look after i.e. one son namely Jas Karan Singh (aged about 12 years) and one daughter namely Ekvinder Singh @ Babbal (aged about 13 years) and there is nobody to take care of their studies.

9. The charge sheet has been filed hence petitioner is no more required for any further investigation or interrogation. The accused is in judicial custody since 18^^ June, 2014 and no fruitful purpose will be served in keeping him in judicial custody anymore. BailAppl. No.341/2015 Page[3] of[6]

10. Counsel for the petitioner has referred the statement of Ekvinder Kaur, daughter of the petitioner made under Section 164 Cr.P.C. The same are as under: "Quarrels used to happen between my parents. On 16/06/2014 my mother had taunted my father that your children is not having even clothes to wear, you are not giving money. Then my father went outside by giving me Rs.2000/-. This has falsely written in the FIR that my father had said me on 16/06/2014 that if something happened with your mother then make a phone at your grandparents' house. On dated 16/06/2014 my mother had consumed 4- 5 glass roohafzah after the departure of my father and had said me to make omelette, then I had given the omelette to my mother after preparing the same. Then my mother lying at the single bed of drawing room by switching on the TV and AC by putting blanket under her. My mother had said me to bring deodorant and powder, then 1 brought deodorant and powder, then I went in the other room to take the cloths of my mother. I sat on the sofa and then my mother came and then again laid on the bed by putting blanket under me. When I came inside the drawing room then I saw that my mother had only worn pant like pajami. I moved my mother but my mother did not move. Then I put water on my mother by taking the same from bathroom but she did not stand up. Then I make a phone at my maternal grandparents' house from the landline phone of my house. My maternal grandmother said me to call my father. I make a phone to my father. My father said that I am coming. Then phone of my maternal grandfather came and said me to tell Aunty at lower floor. Wife of the brother of Sonu Aunty had also come with Sonu Aunty. Sonu Aunty had said me to call Kawalpreet Aunty. Kawalpreet Aunty came. Mother and brother of Sonu Aunty also came. Komal Aunty, Sonu Aunty etc. all tried to move my mother, but my mother did not move. Then my maternal uncle Prince also came. Then my maternal uncle Prince also BailAppl.No.34I/20I[5] Page 4of[6] came. Then my maternal grandmother also came with her sister, then my father also came, who later took the husband of Sonu Aunty namely Dr. Chawla. Dr. Chawla had checked my mother and advised to took her immediately to the hospital. All rushed by taking my mother. Then they all took my mother to the hospital from battery rickshaw. After that police persons came at our house. Police had recorded my statement. My parents had done love marriage. My father on dated 16/06/2014 had done nothing with my mother. I want to live with my father."

11. Considering the overall facts and circumstances, the prayer made in the application is allowed. Without deciding anything on merits of the case, it is directed that the petitioner shall be released on bail subject to his furnishing a personal bond in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the trial Court and further subject to the following conditions:-

(i) that the petitioner will furnish to the trial Court his current address and will not shift from the said address without prior permission of the trial Court;

(ii) the petitioner will appear on every date before the trial

(iii) the petitioner will not interfere with the fair progress ofthe trial and will also not approach the witnesses. In case of violation of any of the conditions above, it will be open to the State to apply for cancellation of the bail. BailAppl. No.341/2015 5 The petition is accordingly disposed of. Dasti, under the signatures of the Court iVIaster.

APRIL 06, 2015 JUDGE Bail Appl. No.341/2015 Page 6 of[6]