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DINESH MEHTA
Dilip – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This application for bail has been filed by the applicant under section 439 of the Code of Criminal Procedure, 1973 in connection with FIR No. 113/2023, registered at Police Station Delwara, District Rajsamand for the offences under sections 498A, 406 & 304B of the Indian Penal Code, 1860.
2. Mr. Nishant Bora, learned counsel for the applicant submitted that the applicant before this Court is the husband of the deceased and there is no specific allegation of demand of dowry by the applicant, for which it can be said that the deceased was constrained to commit suicide.
3. Learned counsel invited Court's attention towards the contents of the FIR and statement of the complainant-father of the deceased recorded under section 161 of the Code of Criminal Procedure, 1973 and submitted that he has mechanically repeated the version, which was given in the written complaint, whereas Smt. Kamli Bai (mother of the deceased) has not made any whisper about demand of dowry.
4. Learned counsel also took the Court through the statements of Prakash Chandra (brother of the deceased) and neighbours Smt. Santosh Bai; Smt. Lali Devi and Dharmendra etc. and highlighted that the brother had made me
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 court has the discretion to grant bail to the accused, considering the facts and circumstances of the case, without commenting on the merits of the case.
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 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.
Bail may be granted when specific allegations against the accused are lacking, reinforcing that presumption of guilt does not apply at the bail stage.
The court granted bail to the accused in a dowry death case, citing insufficient evidence and the prolonged trial process as justifications.
Bail can be granted when allegations are general and the accused's personal circumstances warrant sympathetic consideration.
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.
The court established that substantial changes in circumstances are required for renewing bail applications, and evidence must be considered in its entirety.
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