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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
NARAYAN RAM @ NASRAM
ORDER :
KULDEEP MATHUR, J.
This application for bail under Section 439 Cr.P.C . (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.167/2024, registered at Police Station Baap, District Phalodi, for offences under Sections 85, 80(2) and 3(5) of BNS.
2. Heard learned counsel for the parties at Bar. Perused the material available on record.
3. As per the prosecution, deceased- Nenu, on 16.09.2024 died in her matrimonial house in unnatural circumstances within three months of her marriage.
4. Learned counsel for the petitioner submitted that the petitioner who is the father in-law has been falsely implicated in the present case. There was no occasion for the petitioner to have harassed or humiliated the deceased on account of dowry demand.
5. Drawing attention of the Court towards the FIR and the challan papers, learned counsel submitted that there are omnibus allegations levelled against the present petitioner and his other family members but apart from the co-accused- Mukesh (husband) only the petitioner has been charge sheeted by the Investigating Agency and no other family member has been charge sheeted.
6. Learned counsel submitted that the dec
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.
Bail can be granted when allegations are general and the accused's personal circumstances warrant sympathetic consideration.
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 the necessity of a proximate nexus between dowry-related harassment and the death of the deceased for invoking Section 304B IPC.
The court granted bail based on the lack of support from key prosecution witnesses, indicating a weak case against the petitioner.
The absence of mens rea or intention to instigate suicide under Section 306 IPC justifies the grant of bail.
The absence of criminal antecedents and the need for further trial to assess the veracity of the allegations influenced the court's decision to grant bail.
The court granted bail to the accused in a dowry death case, citing insufficient evidence and the prolonged trial process as justifications.
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