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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Bada Ram – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 13779 of 2022
Decided On : 06-12-2022
Bail Application - Offence under Sections 498A, 304-B of IPC - Material contradictions in witness statements, no specific allegation of demanding dowry - Bail application rejected
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. in connection with an offence under Sections 498A, 304-B of IPC. The petitioner argued that there were material contradictions, improvements, and omissions in the statements of nineteen prosecution witnesses, and no specific allegation of demanding dowry was levelled against the petitioner. The petitioner sought bail due to the lengthy trial process.
Finding of the Court:
The court considered the arguments and the record, noting that the incident took place within two months of the marriage, and the petitioner was accused of harassing and beating the deceased, leading to her death. The court found that the statements of the deceased's mother and brother corroborated this fact, and therefore rejected the bail application.
Issues: Material contradictions in witness statements, absence of specific dowry allegations, lengthy trial process
Ratio Decidendi: The court's decision was influenced by the corroborated statements of the deceased's family members regarding the harassment and beating by the petitioner, leading to the deceased's death.
Final Decision: The bail application filed by the petitioner was rejected.
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.418/2021 of Police Station Pindwara, District Sirohi for the offence punishable under Sections 498A, 304-B of IPC.
2. Learned counsel for the petitioner submits that so far nineteen (19) prosecution witnesses have been examined before the trial Court and there are material contradictions, improvements and omissions in their statements. Counsel further submits that no specific allegation of demanding dowry has been levelled against the present petitioner. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
3. Learned Public Prosecutor has opposed the prayer for bail.
4. I have considered the arguments advanced before me and carefully gone through the record.
5. According to the FIR, incident took place within the two months of the marriage of the present petitioner and deceased. It is also mentioned that the present petitioner harrassed the deceased and he also used to beat her due to which Smt. Badki died. This fact is also corroborated from the statement of Smt. Mithki-mother of the deceased, Ota Ram @ Prabhu Ram-brother of deceased, therefore, this Court is not inclined to grant benefit of bail to the petitioner.
6. In the above circumstances, the bail application filed by the petitioner is hereby rejected.
Corroborated statements of family members can influence the court's decision in bail applications for offences under Sections 498A, 304-B of IPC.
The court established that substantial changes in circumstances are required for renewing bail applications, and evidence must be considered in its entirety.
Bail can be granted under Section 439 Cr.P.C. when the evidence does not substantiate the charges against the accused, particularly in cases involving serious allegations like abetment of suicide.
The main legal point established in the judgment is the exercise of discretion in granting anticipatory bail based on the specific allegations and individual circumstances of the petitioners.
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 considered the proximity of alleged cruelty to the death and lack of specific allegations regarding dowry demands in granting bail to the petitioner.
The court reaffirmed that bail may be denied in cases involving serious charges, particularly when evidence suggests a strong case against the accused and the potential for influencing witnesses.
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 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....
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