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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
DHOOMAN KUMAR RAY S/O LATE SHRI GODI RAY – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The instant bail application has been filed under Section 439 Cr.P.C . on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 417/2023 registered at Police Station Murlipura, District Jaipur (West) for the offence(s) under Sections 304-B and 34 of IPC .
2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. The accused petitioner is in custody since 13.08.2023. It is further contended that marriage of the petitioner and deceased was solemnized on 21.05.2023 and deceased committed suicide by hanging on 10.08.2023. It is further argued that initially in the FIR, it is stated that petitioner’s brother and her wife were harassing the deceased for demand of dowry, the police did not find the involvement of petitioner's brother and his wife. It is also contended that in the FIR, it is narrated that petitioner has caused murder of the deceased whereas after investigation police has charge-sheeted the accused petitioner under Section 304-B of IPC . It is argued that as per PMR also, apart from the ligature mark, no external or internal injuries were found on the body parts of the de
The court granted bail to the accused in a dowry death case, citing insufficient evidence and the prolonged trial process as justifications.
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 granted despite dowry allegations due to lack of prior criminal history and circumstances 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.
The decision to grant bail in a criminal case is based on the stage of trial, examination of witnesses, and the likelihood of further delay in the trial.
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.
Evidence of cruelty or dowry demands must substantiate claims under Section 304B IPC for bail considerations, particularly in cases involving unnatural death within seven years of marriage.
Dowry death - Bail dismissed - Soon before death - Death is an unnatural death and soon before the death deceased was subjected to cruelty, so it cannot be said that ingredients of Section 304 B 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.
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