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IN THE HIGH COURT OF DELHI AT NEW DELHI
SAURABH BANERJEE
Kuldeep Singh – Appellant
Versus
State Govt. Of Nct Of Delhi – Respondent
JUDGMENT :
SAURABH BANERJEE, J.
1. By virtue of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Hereinafter ‘ BNSS read with Section 439 of the Code of Criminal Procedure, 1973, Hereinafter ‘Cr.P.C., the applicant seeks grant of regular bail in proceedings arising out of FIR No.176/2021 dated 18.06.2021 registered under Sections 302 /304B/498A/34 of the Indian Penal Code, 1860, Hereinafter ‘ IPC at PS: Maidan Garhi, Delhi.
2. As per FIR, the deceased daughter of the complainant, Hereinafter ‘deceased after marriage with the applicant as per Hindu rites and customs on 26.04.2021 was residing with him at Plot No.10, Gali No.1, Asola Fatehpur Beri, New Delhi. Though to fulfil the dowry demands of the applicant and his family, Hereinafter ‘in-laws the complainant gave numerous articles, however, the deceased was harassed by her in-laws after marriage. So much so, she was even threatened to kill her for not bringing dowry and was not allowed speaking to the complainant. It was only after making repeated calls to the applicant that he brought the deceased to the complainant’s residence in Uttarakhand, but once again made demands for a car and/ o
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.
Hints at the grave implications of dowry-related murders and the judicial emphasis on denying bail in such cases.
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 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.
(1) Dowry death – Bail orders passed in disregard of material evidence or settled principles are liable to be set aside.(2) Social evil of dowry not only corrodes sanctity of marriage but also perpet....
Grant of bail – Dowry death – Courts are duty bound to undertake deeper scrutiny of circumstances under which bail is granted in these case – Superficial application of bail parameters not only under....
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 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.
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