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MANOJ KUMAR GARG
Bada Ram – Appellant
Versus
State of Rajasthan – Respondent
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
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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