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FARJAND ALI
Nishant @ Rahul – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
The instant bail application has been filed by the petitioner- Nishant @ Rahul S/o Shree Liladhar under Section 439 Cr.P.C against the order impugned passed by learned court below in connection with FIR No. 349/2020 registered at Police Station RKPURAM, Kota, Rajasthan for the offence(s) under Sections 304-B IPC.
2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this matter, owing to the sad demise of a bride at her matrimonial home otherwise he has to do nothing with the alleged offence. It is submitted that simply because a bride dies in her matrimonial home within seven years of the marriage, does not perse sufficient to draw a presumption that she was maltreated for or in connection of demand of dowry and that the demand was meted out to her soon before her death and death occurred other than in normal circumstances. It is strenuously urged that even the complainant party is not firm, what was demanded by the in laws and when the demand was made or whether the demand was fulfilled or any promise was made to fulfill at any subsequent date. There is a major discrepancy rather conflict in between the previous stat
The court emphasized the necessity of a proximate nexus between dowry-related harassment and the death of the deceased for invoking Section 304B IPC.
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 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 granted bail to the accused in a dowry death case, citing insufficient evidence and the prolonged trial process as justifications.
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 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 has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
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