PADMA TIWARI vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 27.03.2025 Pronounced on: 01.04.2025 + BAIL APPLN. 1002/2024 PADMA TIWARI .....Petitioner Through: Mr. Ankit Aggarwal, Adv. versus STATE .....Respondent Through: Ms. Meenakshi Dahiya, APP with Insp. Sanjay Kumar and Insp. Rajeev, PS Kishan Garh Mr. Sharad Malhotra, Adv. for complainant. CORAM: HON’BLE MS. JUSTICE SHALINDER KAUR JUDGMENT 1. The present application, under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.), has been filed by the petitioner seeking Regular Bail during the pendency of trial in connection with FIR No. 157/2019 (subject FIR), dated 30.04.2019, registered under Sections 302/34 of the Indian Penal Code, 1860 (IPC), at Police Station Kishan Garh, Delhi. PROSECUTION’S CASE 2. On 16.03.2019, during the Night Emergency Duty, a PCR call was received, recorded as DD No. 31A, informing about the death of one Ms. Pooja Rai (deceased), who had been brought dead to the Fortis Hospital. In response, Assistant Sub-Inspector (ASI) Ajeet, accompanied by the Constable Santosh, reached the Fortis Hospital, Signature Not Verified Digitally Signed BAIL APPLN. 1002/2024 Page 1 of 12 By:NEELAM Signing Date:01.04.2025 17:16:36 where the deceased, Pooja Rai, wife of the co-accused Rahul Kumar Mishra, a resident of 106-B, Kishangarh, Vasant Kunj, New Delhi, was declared dead by the attending doctor, as per the MLC No. 6246/2019. The medical opinion indicated that she was brought in an unconscious and comatose state. 3. Upon a preliminary inquiry, the co-accused person, Rahul Kumar Mishra, stated that his marriage with the deceased was solemnized on 23.04.2017. He further stated that on 16.03.2019, at approximately 06:45 PM, upon returning home from work, he found the main door of the house to be open