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FARJAND ALI
Pramod Kumar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case |
|
| 1. | FIR Number | 78/2023 |
| 2. | Concerned Police Station | Mahila Thana Churu |
| 3. | District | Churu |
| 4. | Offences alleged in the FIR | Under Section 498-A, 304- B and 143 of the IPC |
| 5. | Offences added, if any | -- |
| 6. | Date of passing of impugned order | 25.04.2024 |
2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.
4. Heard learned cou
The court granted bail under Section 439 Cr.P.C. due to prolonged incarceration and insufficient evidence of cruelty linked to the cause of death.
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....
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 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 main legal point established is that the grant of anticipatory bail is based on the lack of evidence and necessity for custodial interrogation, considering the specific circumstances of the case.
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.
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