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DEVENDRA KACHHAWAHA
Sandeep Kumar – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Devendra Kachhawaha, J. - The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.175/2019, Police Station Rawala, District Sriganganagar, registered for the offence punishable under Sections 304-B and 498-A of the Indian Penal Code.
2. Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel appearing on behalf of the complainant. Perused the material available on record.
3. Learned counsel for the petitioner stated that at the time of rejection of first bail application (No.5094/2020) by this Court vide order dated 21.07.2020, liberty was granted to petitioner to file a fresh bail application after recording the statement of complainant, Chet Ram; thereafter, statement of Chet Ram as PW.1 has been recorded before learned trial Court; during cross-examination, PW.1 admitted that marriage of all the three daughters has taken place on the same day; at the time of marriage, no demand of motor-cycle and dowry has been made by the petitioner; both the families are daily wage workers; as per charge-sheet, offence punishable under Section 498-A ha
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 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.
In a case of dowry death, the accused is entitled to bail if the allegations against him are general in nature and the prosecution has not shown any proximity of harassment with the suicide.
The court established that substantial changes in circumstances are required for renewing bail applications, and evidence must be considered in its entirety.
The main legal point established in the judgment is the discretionary nature of granting bail, the requirement of balancing various factors while considering a bail application, and the need to consi....
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 granted bail to the accused in a dowry death case, citing insufficient evidence and the prolonged trial process as justifications.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court considered the lack of witness support, the petitioner's time in custody, and the expectation of a lengthy trial in granting bail to the accused-petitioner.
The court emphasized that serious allegations of dowry death and harassment justify the denial of bail, highlighting the need for careful consideration of the gravity of charges.
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