TMI Blog2012 (8) TMI 1190X X X X Extracts X X X X X X X X Extracts X X X X ..... ed had allegedly committed suicide after one year and eight months of marriage and further she was pregnant at the time when she had taken her life. On the basis of the complaint filed by the mother of the deceased, an FIR was registered and during the course of the investigation, the police recorded the supplementary statements of Hira Lal, father of the deceased, the neighbour of the deceased near the matrimonial home as well as the complainant -mother of the deceased. According to the prosecution, it has been clearly made out, particularly, insofar as the Appellant is concerned, that there was a definite allegation against him. Further, the Appellant and other family members subjected the deceased to cruelty with a view to demand dowr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to surrender within a period of one week from today. - P. Sathasivam And Ranjan Gogoi, JJ. For the Appellant : Sarbjit Sharma, Sumit Sharma and S.K. Verma, Advs. For the Respondent : Sidharth Luthra ASG, Rajan Narain, Gargi Khanna, Shiv Pandey, Aditya Singla and B.V. Balaram Das, Advs. JUDGMENT P. Sathasivam, J. 1. Leave granted. 2. This appeal is filed against the final order dated 05.12.2011 passed by the High Court of Delhi at New Delhi in Anticipatory Bail Application No. 1602 of 2011 whereby the High Court dismissed the application filed by the Appellant herein. 3) Brief facts: (a) The Appellant herein is the elder brother of the husband of the deceased -Vibha. The Appellant is engaged in the bus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ional Solicitor General for the Respondent-State. 5. The only point for consideration in this appeal is whether the Appellant, who is elder brother of the husband of the deceased, has made out a case for anticipatory bail in terms of Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code )? 6. Before considering the claim of the Appellant, it is useful to refer Section 438 of the Code relating to grant of bail to a person who is apprehending arrest which reads as under: 438. Direction for grant of bail to person apprehending arrest - (1) Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... take into consideration the nature and the gravity of the accusation, antecedents, possibility of the applicant to flee from justice etc. Further, normally, the Court should not exercise its discretion to grant anticipatory bail in disregard of the magnitude and seriousness of the matter. The matter regarding the unnatural death of the daughter-in-law at the house of her in-laws was still under investigation and the appropriate course to adopt was to allow the concerned Magistrate to deal with the same on the basis of the material before the Court. 7. It is seen that the deceased had allegedly committed suicide after one year and eight months of marriage and further she was pregnant at the time when she had taken her life. On the basis o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vailable for interrogation and investigation and declared as absconder . Normally, when the accused is absconding and declared as a proclaimed offender , there is no question of granting anticipatory bail. We reiterate that when a person against whom a warrant had been issued and is absconding or concealing himself in order to avoid execution of warrant and declared as a proclaimed offender in terms of Section 82 of the Code is not entitled the relief of anticipatory bail. 11. On reading the FIR, statements of various persons including father and mother of the deceased, neighbours and supplementary statement of mother of the deceased clearly show that all the family members of the husband of the deceased including the Appellant, who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nticipatory bail as prescribed in Section 438 of the Code. 13. Taking note of all these aspects, in the light of the conditions prescribed in Section 438 of the Code and conduct of the Appellant immediately after the incident as well as after the interim protection granted by this Court on 23.03.2012, we are of the view that the Appellant has not made out a case for anticipatory bail. Unless free hand is given to the investigating agency, particularly, in the light of the allegations made against the Appellant and his family members, the truth will not surface. 14. Under these circumstances, we are unable to accept the claim of the Appellant. On the other hand, we agree with the contentions raised by the learned ASG and confirm the im ..... X X X X Extracts X X X X X X X X Extracts X X X X
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