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VIKAS MAHAJAN
Parul – Appellant
Versus
NCT of Delhi – Respondent
JUDGMENT
Vikas Mahajan, J. (Oral)
1. The present bail application has been filed under Section 439 CrPC seeking regular bail in FIR No.0394/2022 under Sections 304B/34 IPC registered at PS Narela.
2. The version of the prosecution is that the deceased Poonam was married to the petitioner on 30.11.2020. The petitioner had misrepresented to the deceased that he is a law graduate and practising lawyer. Subsequently, the deceased came to know that the petitioner was having an extra marital affair and was into betting. The relation of the deceased with the petitioner thus, became strained and she had also filed the following cases against the petitioner - (i) a petition under Section 125 CrPC; (ii) a petition under Section 12 of the Domestic Violence Act (`DV Act'); (iii) an FIR under Section 498A/406/34 IPC; and (iv) a Divorce Petition.
3. On 07.08.2022, the deceased Poonam committed suicide, which led to the registration of the aforesaid FIR under Section 304B/34 IPC on a complaint made by the father of deceased.
4. Learned senior counsel for the petitioner submits that the petitioner and the deceased got married on 30.11.2020, however, on account of matrimonial discord they starte
The court emphasized the presumption of innocence, the delay in trial commencement, and the completion of the investigation as factors for granting bail, while also addressing the apprehension of wit....
The decision to grant bail in a criminal case is based on the stage of trial, examination of witnesses, and the likelihood of further delay in the trial.
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 severity of the accusations, specific and direct allegations of cruelty and harassment, and potential punishment are key factors in determining bail eligibility in cases involving serious offence....
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 need for complete evidence evaluation before concluding on the case under Section 304-B I.P.C.
The main legal point established in the judgment is the significance of considering prima facie evidence, nature and gravity of the charge, and the credibility of witnesses in bail applications, alon....
The main legal point established is the presumption of innocence until proven guilty, the principle that bail is the rule and jail is the exception, and the need to avoid undue hardship from detentio....
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