Delhi High Court Denies Bail To Man Accused Of Killing Live-In Partner, Cremating Body Without Informing Family
The Delhi High Court has denied bail to a man accused of murdering his live-in partner and subsequently cremating her body without informing her parents or getting a medical examination or post-mortem conducted.
Justice Madhu Jain observed that the material on record prima facie indicated that the accused had not only caused the death of the woman but had also furnished incorrect information to her relatives and misled the police, resulting in a delay in registration of the FIR.
The Court dismissed the bail plea filed by one Sandeep Kumar, who has been in judicial custody since April 22, 2022.
The FIR was registered at Farsh Bazar Police Station for the offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860.
As per the prosecution case, the deceased was residing with Kumar since May 4, 2021. She died during the intervening night of April 14-15, 2022.
The Delhi Police alleged that Kumar cremated her body at Nigam Bodh Ghat on April 15, without informing her parental family and without any medical examination or post-mortem being conducted. The FIR was registered on the complaint of the deceased's father.
Seeking bail, Kumar's counsel submitted that he had remained in custody for around four years and that only four out of the 26 prosecution witnesses had been examined so far. It was argued that the delay in trial was not attributable to the applicant.
It was further submitted that Kumar had informed his family members about the deceased's death and that the cremation had taken place at Nigam Bodh Ghat, and not at an isolated location.
The Court was also informed that Kumar had taken the deceased to a doctor on the previous day and that the doctor's statement had been recorded by the Investigating Officer.
Opposing bail, the prosecution alleged that Kumar neither informed the deceased's family about her death nor disclosed the correct facts to them, and instead falsely represented that she had left the house.
It was further alleged that Kumar furnished false particulars at the cremation ground and claimed that the deceased had died of a heart attack, despite not having taken her to a doctor or calling one to the place where she died.
The State also submitted that Kumar took the body for cremation without any medical examination and before informing the police.
After considering the submissions, the High Court observed:
“The material placed on record prima facie indicates that, not only did the applicant cause the death of the deceased but that he also furnished incorrect information to her relatives and misled the police, resulting in a delay in registration of the FIR.”
Keeping in view the gravity of the offence and the allegations levelled against Kumar, Justice Jain concluded that no ground for the bail was made out.
Title: SANDEEP KUMAR v. STATE OF NCT OF DELHI