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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
Mohd. Akram Chowdhary, J.
Ram Lal – Petitioner
Versus
UT of J&K & Ors. – Respondents
Bail App No. 70/2023
Decided On : 26-05-2023
BAIL - CRIMINAL PROCEDURE - CrPC Section 439, IPC Section 306 - The court discussed the provisions of Section 439 of the Code of Criminal Procedure, which allows for the grant of bail, and Section 306 of the Indian Penal Code, which pertains to abetment of suicide. The court interpreted that the absence of statutory presumption of cruelty after a long marriage and the nature of the punishment under Section 306 IPC (up to ten years) justified the grant of bail, especially since the investigation was concluded and the charge sheet was filed.
Fact of the Case:
The applicant sought bail in a case involving the alleged abetment of suicide of his wife, Nisha Sharma, who died under suspicious circumstances. The applicant claimed that he was falsely implicated due to family disputes over dowry and that he had a peaceful marriage until her death.
Finding of the Court:
The court found that there was no substantial evidence to indicate the applicant's involvement in the alleged crime. It noted that the couple had a long marriage and adopted a child, which undermined claims of cruelty. The court concluded that the applicant posed no risk of tampering with evidence as the investigation was complete.
Issues: Whether the applicant should be granted bail under Section 439 CrPC despite the serious charges under Section 306 IPC.
Ratio Decidendi: The court held that the nature of the charges, the absence of a statutory presumption of cruelty after a long marriage, and the completion of the investigation warranted the grant of bail. The court emphasized that the potential for tampering with evidence could be managed through conditions attached to the bail.
Final Decision: The bail application was allowed, and the applicant was granted bail subject to specific conditions to ensure compliance and prevent tampering with evidence.
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 called the FSL team at the place of incident and seized one broken chair of plastic, rope plastic, 01 drat from the spot in presence of FSL Team. The photography of the place of incident was got conducted through crime photographer of District Udhampur. Post mortem of the deceased was got conducted through a board of doctors at DH Udhampur on 06.05.2022 and after completing the legal formalities the dead body of the deceased was handed over to her parents. The report of the board of doctors was that the deceased died due to Asphyxia. Further as the enquiry was still going on into the matter, on 19.07.2022, learned Judicial Magistrate (Munsiff) Udhampur directed SHO, P/S Rehmbal to lodge FIR in this matter. Consequently, a case FIR No. 168/2022 under section 306 IPC was registered at P/S Rehmbal.
4. It is pleaded it the application that the applicant got married to one Nisha Sharma in the year, 2007 and lived peacefully till her unfortunate death. Being issueless, the couple adopted a girl child in the year 2016. It is also pleaded that they had joint investment in the post office and their lives were going on smoothly till the unfortunate and sudden death of his wife in mysterious circumstances on 25th May 2022.
5. The applicant has asserted that he had moved an application for grant of bail before the Trial Court, however, his bail application was rejected vide order dated 25.02.2023.
6. The grant of bail has been pleaded on the ground that the co-accused in the matter have already been granted bail on 03.11.2022 and the petitioner is still languishing in jail despite the fact that there is no material and much less substantial material on record to remotely show the involvement of the accused in the unfortunate mishap. It is further pleaded in the bail application that challan has already been produced.
7. Pursuant to notice, respondents have filed objections to the bail application on 05.04.2023 asserting therein that the accused person cannot be admitted to bail, as he is involved in a heinous office under section 306 IPC and in case he is released on bail, he may tamper with the prosecution evidence and try to influence the witnesses. The accused person has committed the heinous offence under section 306 IPC and does not deserve any concession, as such, his plea for admitting him to bail is opposed.
8. Learned counsel for the applicant has argued that the applicant has been implicated in a false case by his father-in-law by lodging a false complaint with the accusation that he along with his parents demanded dowry from his daughter, harassed her on the pretext of bringing insufficient dowry and also often beaten her being an infertile woman. It is alleged that in the case filed against the applicant that on 25.05.2022 the applicant has been falsely impl
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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