Back
KULDEEP MATHUR
Anil – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Kuldeep Mathur, J. - This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.155/2022 registered at Police Station Mahila, District Hanumangarh, for offence under Sections 498A and 304B of IPC.
2. Heard learned counsel for the petitioner as also the learned Public Prosecutor and perused the material available on record.
3. Learned counsel for the petitioner submitted that in the FIR lodged by the complainant, omnibus allegations have been levelled against the family members of the present petitioner. Learned counsel submitted that the Police after making investigation has filed charge-sheet only against the present petitioner under Sections 498A and 304B of IPC. Learned counsel submitted that the petitioner has been falsely implicated in the present case. Drawing attention of the Court towards the statement of the complainant and one Shri Chet Ram recorded under Section 161 Cr.P.C., learned counsel submitted that there is nothing on record to substantiate the allegation of demand of dowry, soon before the death of the deceased. Learned counsel submitted that the petitioner and deceased had been li
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 absence of mens rea or intention to instigate suicide under Section 306 IPC justifies the grant of bail.
The court's decision to grant bail was based on the consideration of the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The court granted bail due to insufficient evidence linking the petitioner to the crime and the lengthy duration of judicial custody.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
