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SUDHIR KUMAR JAIN
Abhishek Kumar – Appellant
Versus
State – Respondent
JUDGMENT
Sudhir Kumar Jain, J.
1. The present bail application is filed under section 439 Cr.P.C (hereinafter referred to as "the Code") for grant of regular bail on behalf of Abhishek Kumar (hereinafter referred to as "the petitioner") in FIR bearing no.0166/2021 registered under sections 498A/306/34 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC") at P.S Tigri, Delhi.
2. It is reflecting from the records that the petitioner got married with Alka on 17.01.2019 at Arya Samaj Mandir without the consent of their parents. Alka (hereinafter referred to as "the deceased") has expired on 03.05.2021. Thereafter, at the instance of Pappi Devi (hereinafter referred to as "the complainant") who is the mother of the deceased, the present FIR was got registered under sections 306/498A/34 IPC.
2.1. It is alleged in FIR bearing no. 0166/2021 that the deceased got married with the petitioner against the consent and willingness of her parents in the year 2019. The petitioner and his parents, namely, Suman Devi and Ram Chandra and brother-in-law (dewar), namely, Sumit used to torture the deceased on account of dowry. The engagement ceremony of Akash who is the younger son of
The court considered the proximity of alleged cruelty to the death and lack of specific allegations regarding dowry demands in granting bail to the petitioner.
Rejection of Bail – Dowry death – Abatement of suicide – Death within seven years of marriage – Adverse presumption – Aspect of the deceased suffering from depression that is sought to be brought for....
The court reinforced that a presumption under Section 113A must be drawn against a husband when a wife commits suicide within seven years of marriage, amid allegations of dowry harassment.
The main legal point established in the judgment is the consideration of allegations of dowry demand, mental cruelty, and the impact of supplementary statements on a bail application.
To convict under Section 304-B IPC, it must be proven that the victim faced cruelty for dowry-related demands occurring soon before death, which was not established in this case.
The main legal point established is the presumption of innocence until proven guilty, the principle that bail is the rule and jail is the exception, and the need to avoid undue hardship from detentio....
The presumption of a 'dowry death' under Section 304B IPC should be tested in trial and is meant to act as a deterrent to the demand of dowry.
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