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IN THE HIGH COURT OF DELHI AT NEW DELHI
Rajnish Bhatnagar, J.
Akash Varun – Appellant
Versus
State of N. C. T. of Delhi – Respondent
Bail Appln. 2189 of 2023
Decided On : 28-07-2023
Dowry - Bail Application - Sections 498A/304B/34 IPC - [Section 498A, Section 304B, Section 34 IPC] - The court granted bail to the petitioner, the deceased's husband, as the FIR did not specifically allege demand of dowry or harassment in connection with any demand of dowry. The court noted the absence of specific allegations and the lack of mention of dowry demands in the FIR, leading to the grant of bail.
Fact of the Case:
The deceased's mother alleged that the deceased was subjected to mental and physical torture by her husband and in-laws, including demands for dowry. The deceased's medical condition and alleged mistreatment by her husband were also mentioned.
Finding of the Court:
The court found that the FIR did not specifically allege demand of dowry or harassment in connection with any demand of dowry against the petitioner. It noted the absence of specific allegations and the lack of mention of dowry demands in the FIR.
Issues: The main issue was whether the petitioner, the deceased's husband, should be granted bail in a case involving allegations of dowry harassment and dowry death.
Ratio Decidendi: The court granted bail to the petitioner based on the absence of specific allegations of demand of dowry or harassment in connection with any demand of dowry in the FIR. It emphasized the lack of mention of dowry demands and the absence of specific details regarding dowry in the FIR.
Final Decision: The court allowed the petition and admitted the petitioner to bail on specified terms and conditions, noting that the grant of bail did not express any opinion on the merits of the case.
ORDER
Rajnish Bhatnagar, J. This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular 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 society and also stated that nothing has been given in the dowry. She further alleged that after one year of marriage of her daughter, when she asked her daughter as to why she was not wearing ornaments, she was told by her daughter that her husband had mortgaged all her ornaments and taunted her by saying that she has not come from a well to do family and has brought nothing in dowry. She further alleged that husband of her deceased daughter used to say that her parents had not given a car and has also not given sufficient gold and whatever gold was given has been mortgaged for his work purposes. It is further alleged by the complainant that about a year ago, her son-in-law i.e. Akash came to her house and said that his mother was not at home and demanded a sum of Rs.1,00,000/- and promised to return the same in a day or two after his mother returns but the said money given to him has not been returned. It is further alleged that Akash Varun (husband), mother-in-law (Smt. Shiksha), father-in-law (Padam Singh), younger brother-in-law (Elu) and sister-in-law (Ginni) who is married and lives in Bulandshahar all used to taunt her deceased daughter for dowry and also used to torture her mentally.
4. According to the complainant, her daughter was not having any child, so she was getting treatment for her ovaries for the last 9-10 months and it is alleged that her son-in-law used to taunt her daughter that he would never make her mother and also never used to make relations with her. She further alleged that her daughter (since deceased) had told her that her husband was only 12th pass but he has tampered with her B.A degree and obtained a job in Noida by playing fraud. She further alleged that her son-in-law is a drunkard and on 01.01.2023 at around 12.30 pm her son-in-law called her but she could not attend his phone as she was sleeping, so on 02.01.2023 at about 12.30 pm she phoned her daughter Shalini (since deceased) who told her that on previous night her husband i.e. Akash Varun had abused her and gave beatings to her after getting drunk and had also threatened her that he would not keep her and would divorce her. This was not disclosed by her daughter (since deceased) to her parents-in-law but the complainant informed the parents-in-law of her deceased daughter about the incident.
5. It is further alleged by the complainant that Akash Varun her son-in-law used to take money from her son Sumit Kumar through Paytm. She further alleged that younger brother-in-law of her deceased daughter also used to threaten to kill her daughter. On 02.01.2023 at around 9.30 pm Akash Varun informed that her daughter Shalini was no more and they came to know that he had taken their daughter to Goel Hospital, Krishna Nagar. It is further alleged that when they reached house of
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 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 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 absence of criminal antecedents and the need for further trial to assess the veracity of the allegations influenced the court's decision to grant bail.
Evaluation of complete evidence during trial to ascertain the cause of death and completion of investigation and framing of charges as grounds for grant of bail.
The need for complete evidence evaluation before concluding on the case under Section 304-B I.P.C.
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