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ANISH DAYAL
Pawan Tiwari Through His Pairokar – Appellant
Versus
State Of NCT Of Delhi Through Standing Counsel Criminal – Respondent
JUDGMENT :
1. This bail application has been filed seeking regular bail in FIR No. 32/2021 PS Sonia Vihar under sections 498A/304B/34 IPC. The petitioner has been in judicial custody since 30th January, 2021. The charge-sheet and supplementary charge-sheet were filed in April, 2021 and November, 2021 respectively. The petitioner is 27 years of age and prior to his arrest was employed with an international food delivery company.
2. As per the case of the prosecution, on 29th January, 2021, pursuant to a PCR call regarding reporting murder of a girl at House No.D-2/607, Gali No.6, III Pusta, Sonia Vihar, Delhi, the police team went to the place of occurrence where in the room on the first floor, they found body of the victim Kanchan Pandey, wife of the petitioner, lying on the bed. Investigation revealed that on 22nd November 2019 the deceased had married the petitioner. The crime team was called who prepared their own report and took photographs. The IO seized two portions of chunni through a seizure memo as the same was apparently used for hanging by the deceased. The MLC was collected from GTB Hospital and the body was preserved in the mortuary. Thereafter in the inquest proceedin
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 court considered the proximity of alleged cruelty to the death and lack of specific allegations regarding dowry demands in granting bail to the petitioner.
The main legal point established in the judgment is the significance of considering prima facie evidence, nature and gravity of the charge, and the credibility of witnesses in bail applications, alon....
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.
In dowry death cases, courts must exercise heightened vigilance, considering the broader societal impact and the specific link between cruelty and the death, often necessitating the denial of bail to....
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....
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