Delhi Court grants anticipatory bail to mother accused of murdering her 6-year-old son

New Delhi: A Delhi Court has recently granted anticipatory bail to a woman accused of murdering her six-year-old son by throwing him from the roof of the flat in Rohini in the year 2018. Initially, the FIR was registered under the section related to death by negligent act. During the investigation, a section related to murder was added and a cancellation report was filed. However, the court, after taking cognizance, issued a summons to the accused mother. Additional Sessions Judge (ASJ) Satish Kumar on Tuesday granted anticipatory bail to the accused on furnishing a bail bond of Rs. 20000 and a surety bond in the same amount.
The court said that the investigation has already been carried out and after carrying out the investigation, a cancellation report was filed.
However, the Metropolitan Magistrate took the cognizance of the offence and summoned the applicant as an accused. "The IO has not moved any application before the court for the custodial interrogation of the accused. The recovery has also not been effected at the instance of the accused. She has joined the investigation for the last several years as and when required by the investigating agency," judge said in the order of January 9, 2024. While granting anticipatory bail to accused, the court noted that the accused was not arrested during the course of the investigation. "Initially, there was no FIR against the accused, but after one month of the unfortunate incident of the death of the male child of the accused, the FIR under Section 304A IPC was registered and thereafter, upon the instructions of the court, Section 302 has been added," the Court observed.
The Court of Magistrate has taken cognizance of the offence under Section 302 of the IPC against the accused. It was submitted by the counsel for the accused that she was not arrested during the course of the investigation. An investigation was carried out and a cancellation report was filed. On the other hand, while opposing the bail application, counsel for the complainant father submitted that the accused, who is the mother of the deceased child, is the main culprit and she had also committed murder of a baby girl child aged about 6 months and she intentionally and deliberately threw the male child of about 6 years from the roof of the flat. The Court mentioned in the order that after about one and a half months of the incident, Rashik Bhutani (father of the deceased child) made a complaint dated February 7, 2018 and made the allegations that the applicant/accused (wife of the complainant) had murdered his son, namely Janmay, as the court noted in the order. On the allegations made by the husband of the accused, inquiry was carried out and the scene of the incident got inspected by FSL Team Rohini and the report is given, saying that 'in normal conditions, there is no possibility of accidental fall of child from the terrace of the building to the stated place on the ground', the court further noted.