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DINESH MEHTA
Prathvi Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This application for bail has been filed by the applicant under Section 439 of the Cr.P.C. in connection with FIR No. 324/2021 registered at Police Station Sardarshahar, District Churu for the offences under Sections 498A, 304B, 302 and 120B of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC').
2. Mr. Mahalana, learned counsel for the applicant invited Court's attention towards the charge-sheet and pointed out that charge-sheet has been filed alleging offence under Sections 304B and 498A of the IPC committed by the applicant regardless of the fact that allegation of harassment and demand of dowry is not supported by any cogent evidence.
3. Learned counsel raised a fundamental argument that the applicant cannot be prosecuted for offence under Section 304B of the IPC because neither in the postmortem report nor in the statement given by the doctor in the Court, it has come on record that the deceased died an unnatural death or she has committed suicide.
4. He highlighted that as per the evidence on record, the deceased had made an attempt to hang herself, but while she was still alive, the family members came to know of such attempt and immediately got her down of
The court ruled that without substantial evidence proving unnatural death or suicide, the applicant is entitled to bail, emphasizing the necessity of clear proof for conviction under IPC sections.
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 absence of direct evidence of instigation and significant delay in filing the FIR justified granting bail to the petitioner.
Point of Law : Criminal Law - Offence of Cruelty and Dowry Death - Bail Application - No previous complaint against accused and co-accused are on bail, and the fact that applicant is in custody for a....
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 need for evidence to prove abetment in cases of suicide.
The absence of mens rea or intention to instigate suicide under Section 306 IPC justifies the grant of bail.
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