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ALOK KUMAR VERMA
Aslam – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Alok Kumar Verma, J.—Present Second Bail Application has been filed for grant of regular bail in connection with the Case Crime No. 154 of 2020 (Sessions Trial No. 6 of 2020), registered at police station Sahaspur, District Dehradun.
2. Applicant is in judicial custody under Sections 302, 498A, Section 304B of the Indian Penal Code, 1860 and Section 3 and Section 4 of the Dowry Prohibition Act, 1961.
3. The First Bail Application (No. 1501 of 2020) was rejected by the coordinate Bench on 07.10.2021.
4. The case of the prosecution is that Smt. Isa (deceased) was married with Aslam (present applicant) on 19.05.2013. After the marriage, applicant and his family members started harassing and torturing her on account of demand of dowry. Applicant had demanded rupees six lakhs for getting job in Railways. In the year, 2014, the father of the deceased sold his land and a sum of rupees six lakhs was given to the applicant. Applicant and his family members again demanded rupees two lakhs. The said amount was given by the informant but the torture of the deceased remained continue. Applicant and his family members demanded again rupees five lakhs from the deceased during the pandemic l
Bail is rule and committal to jail is an exception. Refusal of bail is a restriction on personal liberty of individual, guaranteed under Article 21 of Constitution of India.
The main legal point established is that bail is the rule and committal to jail is an exception, and the purpose of keeping the accused in detention during the trial is to secure their attendance, no....
The legal principle established is that an accused person should not be kept in custody for an indefinite period without sufficient evidence or trial, and bail may be granted under reasonable conditi....
The timing and specificity of allegations, completion of investigation, and framing of charges are crucial factors in considering bail applications in cases involving dowry demands and harassment.
Bail cannot be denied based solely on allegations without substantial evidence; the presumption of innocence prevails.
The court emphasized the necessity of a proximate nexus between dowry-related harassment and the death of the deceased for invoking Section 304B IPC.
The court's decision highlighted the importance of considering the nature and gravity of the accusation, as well as the circumstances of the case, in granting bail. It also emphasized the need to imp....
The court has the discretion to grant bail to the accused, considering the facts and circumstances of the case, without commenting on the merits of the case.
The absence of a viscera report and specific allegations of dowry demand, along with the applicant's clean criminal history, justified the granting of bail.
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