Maya Devi v. The State Govt. of NCT of Delhi

1. The present petition is filed on behalf of the petitioner/Maya Devi for grant of bail under section 439 Cr.P.C. and to impugn the order dated 17.05.2022 passed by the Court of Ms. Smita Garg, Additional Sessions Judge-3, North District, Rohini Courts, Delhi.

2. The present FIR bearing no.0438/2021 was got registered under sections 304/34 IPC at P.S. Swaroop Nagar, on the basis of complaint made by Dulari Devi. The complainant/Dulari Devi is residing at House No.245/5, Gali No.5, G-Block, Swaroop Nagar, Delhi and her family comprising of her husband (now deceased) and four children. The father-in-law of the complainant, namely, Nageshwar Kamti was aged about 100 years was not able to walk properly and was also residing with the complainant. Nageshwar Kamti on 04.08.2021 was going to a Kali temple by crawling on legs and due to which the blood oozed out from the legs. Jitender who is residing in the neighborhood of the complainant prepared a video regarding this and threatened the complainant/Dulari Devi to send the video to her landlord. The landlord of the complainant/Dulari Devi came on 05.08.2021 and asked the complainant to vacate the tenanted premises as her family members used to beat Nageshwar Kamti. Again on 05.08.2021 at about 09:00 P.M. Jitender and his brother, namely, Sagar, Aakash @ Guri and their mother Maya Devi came at the house of the complainant and called Prabhu Kamti and inflicted several beatings to the Prabhu Kamti through aggressive fist blows. Prabhu Kamti, after sometime started to complain severe pain in the stomach and was taken to Jagjivan Ram Hospital. Thereafter he was shifted to Baba Saheb Ambedker Hospital. Prabhu Kamti had expired in the Baba Saheb Ambedker Hospital. The information regarding the death of Prabhu Kamti was sent to the concerned Police Station which was recorded vide DD No.- 32A. Accordingly present FIR was got registered wherein Jitender and his brother, namely, Sagar, Aakash @ Guri and their mother Maya Devi were implicated.

3. The petitioner is stated to be in judicial custody since 10.08.2021. The petitioner/Maya Devi filed a bail application in the Court of Ms. Smita Garg, Additional Sessions Judge-3, North District, Rohini Courts, Delhi during the trial bearing SC No.9/2022 which was dismissed vide order dated 17.05.2022.

4. The perusal of the order dated 17.05.2022 reflects that the concerned Court of Ms. Smita Garg, Additional Sessions Judge-3, North District, Rohini Courts, Delhi observed that the petitioner has been charged for the offences punishable under sections 304/34 IPC and as per the Post-mortem Report the cause of death was opined to be “septicemic shock” consequent upon hard and blunt force impact, all the injuries are antemortem and homicidal in nature and sufficient to cause death collectively in ordinary course of nature”. The complainant is the eye witness of the incident. The FSL Report is still awaited. The charges has to be framed. Accordingly the bail application was order to be dismissed vide order dated 17.05.2022.

5. The counsel for the petitioner argued that the investigation has already been completed and the charge-sheet has been filed. The petitioner is in the judicial custody since 10.08.2021. The petitioner was not present at the spot as per the CCTV Footage. The counsel for the petitioner argued that the petitioner be granted bail. The Additional Public Prosecutor argued to the contrary.

6. It is reflected from the perusal of FIR that Prabhu Kamti i.e. the deceased was beaten up severely by Jitender and his brothers, namely, Sagar, Aakash @Guri and mother Maya Devi and received multiple injuries. As per the Postmortem Report, the cause of the death was opined to be “septicemic shock consequent upon hard and blunt force impact, all the injuries are antemortem and homicidal in nature and sufficient to cause death collectively in ordinary course of nature” which supported the case of the prosecution that the deceased was beaten by fists and blows.

7. Considering the seriousness of the allegations, no ground for bail is made out, hence, the bail application is dismissed.

SUDHIR KUMAR JAIN (JUDGE) NOVEMBER 23, 2022/j/m