Decided on December 17,2020

Dr. Naresh Kumar Mangla Appellant
Smt. Anita Agarwal And Others Etc Respondents


A. Background

B. Submissions of Counsel

C. Cancellation of Anticipatory Bail

D. Transfer of further investigation to the CBI

E. Summation

A. Background

(2.)Applications for anticipatory bail under Section 438 of the Code of Criminal Procedure 1973 ("CrPC") were filed by four out of five persons who have been named as accused in Case Crime No. 0623 of 2020 registered at Police Station Tajganj, District Agra under Sections 498A, 304-B, 323, 506 and 313 of the Indian Penal Code ("IPC") and Sections 3/4 of the Dowry Prohibition Act, 1961. The husband of the deceased[1] is in custody. The applicants for anticipatory bail are the parents-in-law[2], brother-in-law[3] and sister-in-law[4] of the deceased. A Single Judge of the High Court of Judicature at Allahabad allowed the applications and granted them anticipatory bail. The father of the deceased is in appeal.
[1] A-1

[2] A-2 and A-3

[3] A-4

[4] A-5

(3.)The marriage between the deceased (Deepti) and Sumit Agarwal took place on 3 November 2014. On 7 August 2020, the appellant lodged a complaint which was registered as a First Information Report ("FIR") under Section 154 of the CrPC. The FIR, inter alia, records that Deepti was a doctor and the appellant spent an amount in excess of Rs.1.50 crores for conducting the marriage. It is alleged that even thereafter, Sumit, his parents, brother-in-law and sister-in-law misbehaved with the deceased on account of dowry. The deceased, it is alleged, was pressurized to bring money. The FIR alleges that the appellant had paid money on several occasions by cheque to the in-laws of the deceased. On account of the demand for dowry, it was alleged that she was severely assaulted in 2017 and the injuries were medically examined at the Government Hospital in Vrindavan. In the meantime, Deepti suffered miscarriages on two occasions and ultimately, adopted a daughter. As regards the incident which eventually led to the unnatural death by the alleged suicide of Deepti, the FIR records that:
"About 18-19 days ago, all the abovementioned family members of her in-laws badly beaten up Dipti on account of dowry and threatened her that if she informed the family of her parents, she will have to face the consequences. On 03.08.2020, in the morning, Dr S. C. Agarwal telephonically threatened the applicant and demanded the money, and also threatened that either I should fulfill the demand, otherwise, I will be responsible for whatever happens in future. The same day in the afternoon at 3:09 PM and thereafter at 5:31 PM in the evening, Dipti told the applicant and the wife of the applicant about beating up done by them about 18-19 days ago and regarding taking advice by all the people and about threat to her life. At the time, the applicant was in Faridabad and he told her about coming to Agra in the night itself. However, before the applicant could reach in the evening on the same day these dowry greedy people killed Dipti in [xxx] for non-receipt of dowry and non-fulfilment of the demands, and admitted Dipti in their hospital itself in the almost dead condition, in order to save themselves, but she was not allowed any treatment with the intention of killing her. In order to save the life of Dipti, the applicant took her away to the Sarvodaya hospital Faridabad for treatment, at the earliest, in the morning itself, where Dipti died yesterday on 06.08.2020 during treatment. These people have also taken possession of the entire money which was earned by Dipti. Dipti has been killed by Sumit, S.C. Agarwal, Mrs Anita, Amit and Tulika, for dowry with cruel behavior. We performed the last rites of Dipti in Kosi. Since we were busy in the treatment and performing the last rites of Dipti, the applicant has come for filing the report."


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