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AMIT SHARMA
Suraj Malik – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
JUDGMENT
Amit Sharma, J. Present application under Section 439 of the Code of Criminal Procedure, 1973 (`CrPC.) seeks grant of regular bail in case FIR No. 591/2022 under Sections 498A/306/34 of the Indian Penal Code, 1860 (`IPC.), registered at PS Paschim Vihar, Delhi.
2. Briefly stated, the facts of the prosecution case are as follows:
i. On 27.06.2022, a PCR call was received at PS Paschim Vihar, Delhi, stating that one patient, namely Shefali (deceased), has been admitted on account of burn injuries. Subsequently, the deceased was referred to Safdarjung Hospital for further treatment.
ii.On reaching the hospital, it was revealed that the victim/Shefali got married on 23.11.2021, which was less than seven years and therefore, SDM Punjabi Bagh was informed about the same. On receipt of information, SDM Punjabi Bagh reached Safdarjung Hospital and recorded the statement of the patient, namely Shefali Malik (deceased), wherein she stated:
esjk uke 'ksQkyh efyd gSA esjs ifr dk uke lwjt efyd gSA esjh 'kknh lwjt efyd ls 23@11@2021 dks gqbZ FkhA esjh mez 28 o"kZ gSA eSa 35 if'pe ,UDyso] if'pe fogkj vius llqjky dsa Fkh vktA eSa isVB*ksy ykbZ [kqn vkSj eSaus vius mij isVB*ksy Mky dj vkx yxk
The significance of evidence and the burden of proof on the prosecution in cases involving serious charges like dowry harassment and abetment to suicide.
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.
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 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 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 considered the proximity of alleged cruelty to the death and lack of specific allegations regarding dowry demands in granting bail to the petitioner.
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.
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