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IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA, J
KULDEEP SINGH – Appellant
Versus
THE STATE GOVT. OF NCT OF DELHI – Respondent
| Table of Content |
|---|
| 1. application filed under bnss and cr.pc for regular bail related to serious charges. (Para 1 , 3) |
| 2. arguments presented regarding applicant's incarceration and claims of being falsely implicated. (Para 5 , 7) |
| 3. court discusses the severity of evidence including the nature of injuries. (Para 6 , 12) |
| 4. court's assessment of evidence underscores significance of allegations and victim's rights. (Para 10 , 11 , 20) |
| 5. final decision to deny bail emphasized through statutory considerations. (Para 21 , 22) |
JUDGMENT :
1. The present application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter ‘BNSS’) read with Section 439 of the Code of Criminal Procedure, 1973 (hereafter "Cr.PC") on behalf of the applicant, seeking grant of regular bail in case arising out of FIR bearing no. 176/2021, registered at Police Station Maidan Garhi, Delhi for offences punishable under Sections 302 /304B/498A/34 of the Indian Penal Code, 1860 (hereafter "IPC").
3. Briefly stated, the facts of the case are that on 17.06.2021, a PCR Call vide GD No.16-A was received at PS Maidan Garhi regarding the murder of a woman. The call was entrusted to ASI Rajesh Kuma
Hints at the grave implications of dowry-related murders and the judicial emphasis on denying bail in such cases.
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 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.
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 emphasized the necessity of a proximate nexus between dowry-related harassment and the death of the deceased for invoking Section 304B IPC.
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 severity of the offence and the accused's capability of tampering with evidence and influencing witnesses are crucial factors in deciding the grant of bail in cases of dowry death.
The court reaffirmed that both physical and emotional abuse qualify as cruelty under Section 498A, stressing the necessity of broader protections against dowry-related offenses.
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