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IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Sharma, J.
Bhuwan Sharma – Appellant
Versus
State – Respondent
Bail Appln. 1479 of 2023
Decided On : 01-09-2023
CrPC - Regular Bail - IPC 498A/304B/306/406/34 - Summary of Acts and Sections: The court discussed the provisions of the Code of Criminal Procedure, 1973 (CrPC) and the Indian Penal Code, 1860 (IPC) including Sections 439, 498A, 304B, 306, 406, and 34. The court emphasized the importance of evidence and the timing of allegations in cases involving dowry demands and harassment, and considered the completion of the investigation and framing of charges in reaching its decision.
Fact of the Case:
The deceased was alleged to have been harassed by her in-laws for dowry, leading to her suicide. The applicant sought bail, arguing that the allegations of dowry demand were made after a significant delay from the registration of the FIR.
Finding of the Court:
The court noted the delay in the allegations of dowry demand and the lack of specific details in the statements made by the deceased's parents. It considered the completion of the investigation and framing of charges, and granted bail to the applicant with specific conditions.
Issues: Delay in allegations of dowry demand, completion of investigation, framing of charges, and grant of bail.
Ratio Decidendi: The timing and specificity of allegations, completion of investigation, and framing of charges were crucial in the court's decision to grant bail.
Final Decision: The court allowed the application for bail, directing the release of the applicant with specific conditions.
JUDGMENT
Amit Sharma, J. The present application under Section 439 of the Code of Criminal Procedure, 1973 (`CrPC') seeks grant of regular bail in FIR No. 614/2021, under Sections 498A/304B/306/406/34 of the Indian Penal Code, 1860 (`IPC') registered at P.S. Rajouri Garden.
2. The brief facts of the present case, as stated in the status report dated 24.05.2023, authored by SHO, P.S. Rajouri Graden, are as follows:
i. The present FIR was registered on 16.07.2021, at the instance of Sh. Ram Gopal Sharma, father of the deceased Komal Sharma against her husband, Bhuwan Sharma (the applicant) under Sections 306/498A/34 of the IPC. The applicant and the deceased were married on 30.11.2020. It was alleged that the deceased and the applicant fought regularly. The complainant (father of the deceased) was informed by his wife that the deceased was being harassed by her in-laws. It was stated that a day before the date of incident, the deceased came to her parental home and told the complainant that she does not wish to return to her matrimonial home.
ii. On 16.07.2021, Richa (sister-in-law of the deceased) called the complainant and informed him that the deceased was unwell. On reaching there, the complainant found out that his daughter had hung herself with a chunni tied to a ceiling fan and had passed away. Since the deceased had been married for only about eight months, the SDM was informed. In the post mortem report dated 16.07.2021 of the deceased, the cause of death was stated to be "asphyxia caused by hanging" and it was stated that the manner of death appears to be "suicidal".
iii. The applicant was arrested on 18.07.2021 and was released on bail on 18.07.2021. On 21.08.2021, a copy of the list of articles/stridhan of the deceased was obtained. The said list was admitted by the applicant on 25.08.2021. Thereafter he was rearrested on 29.09.2022.
iv. On 25.10.2021, supplementary statements of the family members of the deceased were recorded under Section 161 of the CrPC wherein, for the first time, they made specific allegations against the husband (the applicant), mother-in-law, father-in-law, sister-in-law and brother-in-law of the deceased. It was alleged that the deceased was harassed by her in-laws for dowry. They demanded Rs.1 crore, a car, jewellery etc and often taunted her to leave the matrimonial home. Due to the alleged behaviour of her in-laws, the deceased was compelled to commit suicide. Based on the supplementary statements, Sections 304B and 406 of the IPC were added in the FIR.
v. On 21.12.2022, chargesheet in the present case has been filed qua the applicant, under Sections 498A/304B/306/406/34 of the IPC.
vi. Vide order dated 31.07.2021, the learned ASJ-02, Tis Hazari Courts, Delhi, passed the order on charge qua the applicant and his family members. Subsequently, formal charges were framed on 01.08.2023, qua the accused persons, including the applicant, under Sections 498A/34 of the IPC and Sections 304B/34 of the IPC and in alternate Sections 306/34 of the IPC.
3. Learned Senior Counsel appearing on behalf of the applicant submitted that the deceased and the applicant knew each other since childhood as they had done their schooling from the same institution. It is pointed out that the families of the deceased and the applicant had cordial relations since many years and as they were also living in the close vicinity the families used to visit each other. It is further pointed out that the marriage between the applicant and the deceased was a love marriage but the parents of the deceased were not happy with the aforesaid marriage.
4. Learned Senior Counsel for the applicant further submitted that the present FIR was registered on account of a complaint made by the father of the deceased, on 16.07.2021, wherein he made allegations against the present applicant that the latter used to fight with the deceased. It was further stated that he was told by his wife that the deceased was being harassed by her in-laws and th
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 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 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 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 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 court considered the proximity of alleged cruelty to the death and lack of specific allegations regarding dowry demands in granting bail to the petitioner.
Bail may be granted when specific allegations against the accused are lacking, reinforcing that presumption of guilt does not apply at the bail stage.
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