Delhi court dismisses bail plea of HIV-positive woman accused of causing injuries to sister-in-law

New Delhi, Aug 13 (PTI) A court here has rejected the bail plea of an HIV-positive woman, who is a co-accused in a 2018 case where her brother allegedly poured acid on his wife, saying that the complainant had suffered "severe injuries" including loss of sight in an eye.

The court also observed that the woman accused, who had been absconding for around six years, did not argue that she was not getting proper treatment or medicines in jail.

Additional Sessions Judge Dhirendra Rana was hearing the bail plea of complainant’s sister-in-law Ruby against whom Shahbad Dairy police had registered a case.

According to the prosecution, the complainant, Neelam, was harassed for dowry and on June 17, 2018, three female relatives, including Ruby, allegedly tried to strangulate her with a 'chunni'.

Following this, her husband Jitender poured some "acidic substance" into her mouth, while two male relatives pinned her, the prosecution said.

"It is a matter of record that the complainant had received severe injuries during the incident and there is permanent privation of one eye. She has also become incapacitated in speaking partially due to the incident," the court said in a recent order.

It noted that the matter was reported to the police immediately and the complainant was examined in a hospital within an hour of the incident.

"Her statement was recorded on June 27, 2018, wherein she categorically cast allegations against the present accused (Ruby) and described her role. It is also a matter of record that she was declared a proclaimed offender and was arrested only on February 21, 2024," the court said.

It noted Additional Public Prosecutor Promila Singh's submission about Ruby’s previous conduct and that three co-accused in the case were still absconding.

The court also noted Ruby’s submissions that the complainant had poured acid on herself to falsely implicate the accused persons.

Regarding her argument about being HIV positive, the court said, "Although, it is argued on behalf of the applicant (Ruby) that she is an HIV patient but there is no submission that she is not getting proper treatment or medicines in the jail." "Considering the facts and circumstances of this case, the previous conduct of the accused and the injuries suffered by the complainant, I am not inclined to release the accused or applicant on bail. Hence, the application for grant of bail moved on behalf of accused Ruby is hereby dismissed," it added.

Advocate Aditi Drall appeared for the complainant.

The FIR has been registered under various Indian Penal Code (IPC) sections, including 489A (husband or relative subjecting a married woman to cruelty), 323 (voluntarily causing hurt), 328 (causing hurt by means of poison etc.) and 34 (common intention). PTI MNR MNR KVK KVK