New Delhi [India], April 7 : The Delhi High Court has granted interim protection from any coercive action (arrest) to an assistant sub inspector (ASI) of Delhi Police, accused in a dowry death case. His anticipatory bail plea had earlier been dismissed by the trial court on April 1.
The victim was allegedly murdered by her husband in the UK. Following the incident, the husband fled the country and is absconding.
Justice Neena Bansal Krishna, while hearing the plea moved by the accused ASI, who is the uncle of the victim's husband, issued a notice to the Delhi Police and sought a response within three weeks. The matter is now listed for further hearing on May 14, 2025.
Delhi police have sought time to file a status report.
"List on 14.05.2025. Till then, no coercive action be taken against the Petitioner. However, he shall join the investigations as and when served with the Notice under Section 35 B.N.S.S. for joining the investigation," Justice Neena Bansal Krishna ordered on April 4.
The accused ASI approached the High Court through advocate Siddharth Yadav. It was argued that the Sessions Court has failed to appreciate that the allegations levelled against the applicant in the subject FIR are vindictive in nature and that the applicant has always treated the deceased with love and respect, and had even transferred approximately Rs 15 lakh to her account to facilitate her visa for the UK.
The case was registered on December 3, 2024, under Section 498A, 406, and 34 of the Indian Penal Code, 1860, and Section 85, 316/3 (5) of the Bharatiya Nyaya Sanhita, 2025, at Police Station Palam Village.
On April 1, the Dwarka District Court also refused to grant regular bail to the husband's parents. The anticipatory bail pleas of his sister, aunt, and uncle - a Delhi Police ASI, were similarly dismissed.
The husband's parents were arrested on March 14. The FIR initially included sections related to cruelty for dowry and breach of trust; the section for dowry death was later added during the course of investigation.
A Look Out Circular (LOC) has been issued against the husband, and proceedings to declare him a proclaimed offender have been initiated.
In its response, the Delhi Police had stated that the main accused (husband) is still absconding, and the mobile phone used for a WhatsApp call to the co-accused is yet to be recovered. "The apprehension of tampering with evidence, threatening and influencing the witnesses cannot be ruled out, and also the fact that the accused may abscond if enlarged on bail," the police stated.
The Delhi HC recently directed the police to expedite the investigation and arrest the absconding husband.