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RAJNISH BHATNAGAR
Padam Singh Varun – Appellant
Versus
State of NCT of Delhi – Respondent
ORDER
Rajnish Bhatnagar, J. This is a petition filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in case FIR No. 1/2023 under Sections 498A/304B/34 IPC, registered at Police Station Farsh Bazar.
2. In brief the facts of the case are that one Shalini committed suicide on 02.01.2023, thereafter SDM recorded the statement of the parents of the deceased. The present FIR was registered on the statement given by the mother of the deceased wherein she alleged that her daughter Shalini was married on 29.11.2018 according to Hindu rites and ceremonies. A sum of Rs.11,000/- was given in roka before marriage, clothes worth Rs.21,000/- were given in engagement, and dowry articles worth Rs.5,00,000/- were given at the time of marriage.
3. It is alleged by the complainant that on the specific request of the father-in-law of her deceased daughter, the Baratis were welcomed in the Banquet Hall, situated at Gazipur and the Baratis consisted of 500 people. She further alleged that after the marriage, father-in-law of her daughter Shalini (since deceased) taunted them from time to time by saying that by not welcoming the Baratis properly, he has been humiliated in the socie
The main legal point established in the judgment is the requirement for specific allegations and evidence linking an accused to the alleged offenses, particularly in cases involving dowry demands and....
The main legal point established in the judgment is that for granting anticipatory bail in a case related to dowry, the absence of specific allegations of demand of dowry or causing harassment to the....
The court upheld the gravity of dowry death allegations as justifiable grounds to deny anticipatory bail.
The court's rejection of bail was based on the gravity of the alleged offences and specific nature of accusations in dowry death cases.
In cases of anticipatory bail, the nature of the accusations and the antecedent record of the petitioners are critical in determining bail eligibility.
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