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TMI Blog2012 (8) TMI 1190X X X X Extracts X X X X X X X X Extracts X X X X ..... missed 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 business of cutting of diamonds and getting them manufactured as per the specifications of his clients. He is married for the last seven years and has two children. According to him, he resides with his wife and children in the separate portion of the house in Paschim Puri, New Delhi whereas one portion is occupied by his parents and one by his younger brother. (b) On 19.01.2010, younger brother of the Appellant got married to Vibha (since deceased). He lived with his wife on the first floor of the same house. On 01.09.2011, Vibha, committe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant 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 Court of Session for a direction under this Section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter alia, the following factors, namely:- (i) the nature and gravity of the accusation; (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) the possibility of the applicant to flee from justice; and (iv) where th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 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. 8. According to the prosecution, if we look into all the above particulars coupled with the supplementary statements, it has been clearly made out, particularly, insofar as the Appellant is concerned, that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 is elder brother of the husband of the deceased, subjected her to cruelty by demanding sizeable amount in order to settle the payment of Rs. 5 lakhs of the allotted DDA flat. 12. Another circumstance against the Appellant is that even though this Court on 23.03.2012, while ordering notice, granted interim protection, namely, not to arrest the Appellant in connection with FIR No. 259/2011 registered at Police Station, Punjabi Bagh, New Delhi, it is the claim of the Respondent-State that the Appellant did not cooperate and v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bers, 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 impugned order dated 05.12.2011 passed by the High Court in Bail Aplication No. 1602/2011. 15. We make it clear that while upholding the rejection of the anticipatory bail, we have not expressed any opinion on the merits of the case. We also clarify that after surrender, the Appellant is free to move bail application before the Court concerned which may be disposed of in accordance with law. 16. With the above observation, the appeal is dismissed and the interim protection granted by this Court on 23.03.2012 stands vacated. The Appel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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