B. V. NAGARATHNA, R. MAHADEVAN
Yogendra Pal Singh – Appellant
Versus
Raghvendra Singh Alias Prince – Respondent
JUDGMENT
R. MAHADEVAN, J.
Leave granted.
2. The challenge in the present appeal is to the judgment and order dated 09.01.20251 [Hereinafter referred to as “the impugned order”] passed by the High Court of Judicature at Allahabad2 [Hereinafter referred to as “the High Court”] in Criminal Misc. Bail Application No. 7768 of 2024, whereby the High Court granted bail to Respondent No. l / accused, in connection with Case Crime No. 415 of 2023 registered at Police Station Kotwali, District Fatehpur, Uttar Pradesh, for offences punishable under Sections 498A, 304B, and 328 of the Indian Penal Code, 18603 [For short, “IPC”] read with Sections 3 and 4 of the Dowry Prohibition Act, 19614 [For short, “D.P. Act”].
3. This appeal has been preferred by the appellant, who is the father of the deceased Aastha @ Saarika, seeking cancellation of bail granted to Respondent No. 1/ Accused – Husband, Raghvendra Singh @ Prince. The appellant’s daughter died on 05.06.2023, i.e., within four months of her marriage, in highly suspicious circumstances by allegedly consuming poison.
4. The facts, as projected by the appellant, are as follows:
4.1. The appellant's daughter Aastha @ Saarika was married to Respondent
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(1) Dowry death – Bail orders passed in disregard of material evidence or settled principles are liable to be set aside.(2) Social evil of dowry not only corrodes sanctity of marriage but also perpet....
In dowry death cases, sufficient scrutiny must be applied by courts when granting bail, particularly considering post-mortem evidence and societal implications.
Bail – Where there are serious allegations of demand of dowry and incessant harassment caused to deceased, bail cannot be granted.
Grant of bail – Dowry death – Courts are duty bound to undertake deeper scrutiny of circumstances under which bail is granted in these case – Superficial application of bail parameters not only under....
The court ruled that to establish dowry death under Section 304B IPC, the prosecution must show cruelty for dowry was inflicted soon before the victim's death, with a clear link between the two.
In applications for bail for serious offences such as dowry death, the court must carefully evaluate the nature of the crime and prima facie evidence against the accused, taking into account statutor....
The prosecution must prove cruelty or harassment for dowry demand soon before death to sustain a conviction under Sections 304-B and 498-A IPC; insufficient evidence leads to acquittal.
The central legal point established is the application of Section 304B of IPC and Section 113-B of the Evidence Act in cases of dowry death, emphasizing the need for proximity between cruelty/harassm....
Dowry death – Mere death of deceased being unnatural in matrimonial home within seven years of marriage will not be sufficient to convict accused under Section 304B and 498A of IPC.
The prosecution must prove that the victim was subjected to cruelty or harassment in connection with dowry demands soon before her death to establish a case under Section 304B of the IPC; failure to ....
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