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AMIT SHARMA
Sonu Verma – Appellant
Versus
State 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. 94/2021 under Sections 498, 304-B read Section 34 of the Indian Penal Code, 1860 (`IPC.), registered at PS Najafgarh.
2. Briefly stated, the case of the prosecution relevant for adjudication of the present application is as under:
i. On 21.02.2021, a PCR call was received at PS Najafgarh regarding the suicide of a lady. On reaching the spot, and after making relevant enquiries, it was revealed that the deceased Riya was wife of the present applicant and she was married to the latter about 3 years ago. Accordingly, SDM of the area and the family members of the deceased were informed.
ii. After the arrival of the SDM, deceased's father, Sh. Giriraj Singh and brother, Sh. Shiv Shankar gave a combined statement to the former on the basis of which the present FIR bearing no. 94/2021 is registered.
iii. The contents of the said statement, as recorded in the status report dated 22.09.2022, are as under:
"After that, on the arrival of the deceased Riya's family members, they were presented before SDM Sir. Deceased Riya's father Giriraj Sing
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 significance of evidence and the burden of proof on the prosecution in cases involving serious charges like dowry harassment and abetment to suicide.
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 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 emphasized the necessity of a proximate nexus between dowry-related harassment and the death of the deceased for invoking Section 304B IPC.
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....
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