Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Deepak Jonia - Appellant
Versus
State - Respondent
Bail Application No. 3218 of 2019
Decided On : 07-01-2020
BAIL APPLICATION - Section 439 Cr.P.C. - 304B/498A IPC - The court discussed the provisions of Section 304B of the Indian Penal Code and the evidence required to establish dowry death. It also considered the statements of independent witnesses and the financial transactions between the petitioner and the deceased.
Fact of the Case:
The petitioner, a practicing advocate, seeks bail in a case involving charges under Sections 304B/498A IPC for the alleged dowry death of his wife. The prosecution alleges torture and demand of dowry, while the petitioner asserts his innocence and presents evidence of a loving relationship with the deceased.
Finding of the Court:
The court found that the prosecution failed to provide evidence of cruelty or demand of dowry, and noted the statements of independent witnesses supporting the petitioner's character. It also highlighted the financial support and care provided by the petitioner to the deceased.
Issues: The issues revolved around the allegations of dowry death, the credibility of prosecution witnesses, and the financial transactions between the petitioner and the deceased.
Ratio Decidendi: The court emphasized the lack of evidence supporting the prosecution's claims of cruelty and demand of dowry, and considered the statements of independent witnesses and financial transactions as crucial in reaching its decision.
Final Decision: The court granted bail to the petitioner, acknowledging the fair investigation by the investigating officer and the balanced evidence presented by both the prosecution and the petitioner.
JUDGMENT
Suresh Kumar Kait, J. - CRL. M.As. 43628-29/2019
1. Allowed, subject to all just exceptions.
2. Applications are disposed of.
BAIL APPLN. 3218/2019
3. Present petition is filed under Section 439 Cr.P.C. in FIR No. 284/2019 registered at Police Station - Janak Puri for the offences punishable under Sections 304B/498A IPC and petitioner seeks bail in the aforesaid case.
4. The petitioner is a young practicing Advocate and is registered with the Delhi Bar Association and has been running his law firm under the nemesis of Lawmen Legum, having atleast three offices across Delhi. The petitioner has not committed the offence, however, he has been named in the abovementioned FIR falsely, illegally, erroneously, without any basis and only in order to harass the petitioner with ulterior motives.
5. Learned counsel appearing on behalf of the petitioner submits that after the registration of aforesaid FIR, the applicant surrendered on the same day and was remanded to judicial custody. The investigation has already completed and the charge sheet filed on 25.10.2019. The allegations against the petitioner are vague and vengeful in nature, whereas, the petitioner has been a loving husband and used to take care of every small need of the deceased. He worked even on the day of incident in Karkardooma and Tis Hazari Courts.
6. It is further submitted that the case of the Prosecution is that petitioner committed the offence of dowry death of his wife as she committed suicide by hanging herself at around 4:00-5:00 P.M., on 29.07.2019 after 1 year and 2 months of their marriage. The prosecution/investigating agency has been unable to bring on record any evidence vis-a-vis the essential ingredients of dowry death as defined in Section 304B of the Indian Penal Code. The prosecution has failed to collect even a single piece of evidence which would suggest that the petitioner did any act of either cruelty or demand of dowry soon before her death, so as to force the deceased to commit suicide.
7. Case of the prosecution is that on 29.07.2019 at about 8.05 PM an information regarding committing of suicide by a lady at H.No.C- 4G/112A, Janak Puri was received at Police Station- Janak Puri vide D.D.N0.87A and the same was marked to ASI Ashok Kumar, who along with Constable Sandeep rushed to the spot where dead body of Smt. Sonali Aggarwal, wife of petitioner herein, was found lying on the double bed. On local enquiry, it was found that she had committed suicide by hanging herself from ceiling fan of the room with the help of Saree and it was also made known to them that her marriage was solemnized with the petitioner on 12.05.2018. Thereafter, mobile phone of deceased and DVR of CCTV cameras were taken in police possession.
8. On 30.07.2019, statements of the mother of the deceased were recorded by the SDM wherein she leveled allegations of harassment and demand of dowry against the petitioner. Subsequent to the registration of FIR, the petitioner was arrested on 30.07.2019 and since then he is in judicial custody and a thorough search of his house was conducted by the police but nothing incriminating was recovered from his possession or at his instance. It is an admitted fact that the petitioner was not even present at home when the deceased committed suicide. The petitioner, upon discovering his house was locked from inside, broke into the house and found that she had committed suicide. Mother of the deceased stated in the complaint that marriage of the deceased was solemnized with the petitioner on 12.05.2018, who is an Advocate by profession and they were in a love affair prior to the said wedding. The wedding was performed with pomp and show and they paid whatever was demanded from them.
9. Further case of the prosecution is that the deceased left her job after six months of her marriage and thereafter the petitioner had started torturing her and he used to say that her father has so much money and he can easily buy an office for him. Thereaf
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
