Back
VIVEK PURI
Manoj – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Vivek Puri, J. (Oral) - Custody certificate has been taken on record.
2. The petitioner is seeking regular bail in case bearing FIR No. 135 dated 02.07.2021 under Sections 304-B IPC, registered at Police Station Garhi, Tehsil Narwana, District Jind.
3. Briefly, the case has been registered on the basis of the complaint submitted by Raldu Ram alleging that the marriage of his daughter Suman Rani, deceased was solemnized with the petitioner 5 years prior to the occurrence. The family members of her in-laws had been giving beating to her since the beginning. The complainant had given a sum of Rs. 50,000/-, Rs. 25,000/-, Rs. 30,000/- and Rs. 10,000/- at different times. Even dowry articles were given beyond the capacity at the time of marriage. The family members of in-laws were not satisfied with the same. The brother of the petitioner had also been extending help in giving beatings to the deceased. On 30.06.2021, the petitioner along with his brother had administered some toxic substance in connivance with each other and hanged the deceased. She was shifted to the hospital where she died during the course of treatment.
4. Learned counsel for the petitioner contends that false al
The court considered the lack of substantial evidence and the mitigating circumstances in granting regular bail to the petitioner in a case involving allegations of dowry death.
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 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 considered the proximity of alleged cruelty to the death and lack of specific allegations regarding dowry demands in granting bail to the petitioner.
Evaluation of complete evidence during trial to ascertain the cause of death and completion of investigation and framing of charges as grounds for grant of bail.
The main legal point established in the judgment is that the lack of specific instances of harassment and the completion of the investigation can be grounds for granting bail in a case involving alle....
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 court granted bail to the accused in a dowry death case, citing insufficient evidence and the prolonged trial process as justifications.
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
