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AMIT MAHAJAN
Nadeem Chaudhary – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT :
1. The present application for grant of regular bail under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) is filed in FIR No. 293/2020, under Sections 498A/304B/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Sunlight Colony.
2. The FIR was registered on a complaint made by Shri Sagir Ahmed, alleging that the Applicant, Nadeem Chowdhary was married to his daughter, deceased Shehzadi @Chand, who committed suicide on the intervening night of 05.09.2020-06.09.2020, due to harassment and torture, being caused by her husband (the present applicant), and his family members.
3. It is alleged that the family of the complainant was under pressure even before the marriage took place. The family members of the accused even before the marriage started demanding a car, an expensive watch and a lavish marriage, at which around 4000 people were to be catered. The marriage between the appellant and the deceased took place on 22.12.2017.
4. It is alleged that the deceased was subjected to cruelty and was beaten on a regular basis, the reason stated for the same was that she did not bring enough dowry as demanded by the family of the applicant. The complai
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.
The court affirmed that bail should be granted when the investigation is complete and the accused poses no flight risk, emphasizing the non-punitive purpose of pre-trial detention.
The absence of specific allegations of demand of dowry or harassment soon before the death, coupled with prolonged custody and parental responsibilities, can be grounds for granting bail in cases inv....
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 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.
The court emphasized that granting bail in dowry death cases undermines public confidence in justice and violates the legislative intent behind IPC sections pertaining to dowry-related offenses.
Bail may be granted when specific allegations against the accused are lacking, reinforcing that presumption of guilt does not apply at the bail stage.
Hints at the grave implications of dowry-related murders and the judicial emphasis on denying bail in such cases.
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