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IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA
Ajay Kumar – Appellant
Versus
State Of NCT Of Delhi – Respondent
JUDGMENT :
SWARANA KANTA SHARMA, J.
1. By way of the present application, the applicant is seeking regular bail in case arising out of FIR bearing no. 83/2024, registered at Police Station Jaitpur, Delhi for the commission of offences punishable under Sections 304B/498A of Indian Penal Code. 1860 (hereafter ‘IPC’).
2. Brief facts of the present case are that on 06.02.2024, upon receiving information vide DD No. 06A regarding the suicide of the applicant's wife, the police reached the spot and found the deceased, Mohini, aged 18 years, wife of the present applicant Ajay Kumar, hanging from a ceiling fan. The deceased had got married to the applicant on 21.05.2023. The statement of the father of the deceased was recorded. A post-mortem was conducted, and it was opined that the cause of death was 'asphyxia due to ante-mortem hanging'. It was further alleged by the complainant, i.e., the father of the deceased, that the applicant used to frequently quarrel with the deceased due to dissatisfaction with the dowry brought by her, and had been persistently demanding a motorcycle and a gold chain. The FIR in the present case was registered on the basis of the complaint made by the father of t
The court emphasized the victim's right to justice over the accused's right to bail, confirming that evidence presented established prima facie grounds for dowry harassment leading to suicide.
Hints at the grave implications of dowry-related murders and the judicial emphasis on denying bail in such cases.
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 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 emphasized the necessity of a proximate nexus between dowry-related harassment and the death of the deceased for invoking Section 304B IPC.
The court emphasized that granting bail in dowry death cases undermines public confidence in justice and violates the legislative intent behind IPC sections pertaining to dowry-related offenses.
The need for complete evidence evaluation before concluding on the case under Section 304-B I.P.C.
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