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MOHD. AKRAM CHOWDHARY
Ram Lal – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
Mohd. Akram Chowdhary, J.
1. Applicant through the medium of this bail application under section 439 of the Code of Criminal Procedure solicits grant of bail, in a case titled 'UT of J&K v. Ram Lal and Ors', on the files of the Court of learned Additional Sessions Judge Udhampur, arising out of FIR No. 168/2022 registered on 09.07.2022 at P/S Rehmbal, for the commission of offences punishable under section 306 IPC.
2. Brief facts of the case are that on 25.05.2022, at about 2130 hrs an information was received in P/S, Rehmbal from PP DH Udhampur, that one lady namely Nisha Sharma W/o Ram Lal R/o Malhar, Udhampur brought by her husband in unconscious condition, but the medical officer of DH Udhampur declared her brought dead.
3. As the death of deceased had occurred in suspicious circumstances and to ascertain the cause of death, inquest proceeding under section 174 Cr.P.C. were initiated by Rehmbal Police vide DDR No. 25 dated 25.05.2022, and the enquiry of the same has been entrusted to ASI Naseeb Singh EXJ-986911. During the course of enquiry, Enquiry Officer took the dead body of the deceased into his custody and shifted to Mortuary of DH Udhampur. The Enquiry Officer cal
The court established that the absence of a statutory presumption of cruelty in long-term marriages, combined with the nature of the charges and the completion of the investigation, can justify the g....
The need to establish mens rea and visible evidence of instigation for the offence of abetment to suicide under Section 306 IPC.
The main legal point established in the judgment is the discretionary nature of granting bail, the requirement of balancing various factors while considering a bail application, and the need to consi....
The court emphasized that bail should be granted when there is insufficient evidence to suggest tampering or flight risk, particularly when continued detention amounts to punishment without trial.
The court considered the petitioner's custody duration, the need for his presence only for trial, and the lack of criminal antecedents in granting bail and imposed specific conditions to address the ....
The completion of investigation and filing of the charge-sheet, along with the undertaking of the applicant to cooperate in trial, are crucial factors in considering a bail application.
The importance of mens rea in establishing instigation for abetment of suicide under Section 306 IPC.
The lack of incriminating evidence, non-supportive testimony from the deceased's father, and the principle of parity with the co-accused can be grounds for granting bail.
The absence of specific allegations of demand of dowry or harassment soon before the death, coupled with prolonged custody and parental responsibilities, can be grounds for granting bail in cases inv....
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