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RAJESH BHARDWAJ
Jyoti – Appellant
Versus
Ut Chandigarh – Respondent
JUDGMENT
Rajesh Bhardwaj, J. (Oral) - The present petition has been filed under Section 439 Cr.P.C praying for grant of regular bail to the petitioner in case FIR No.0139 dated 17.11.2021 registered under sections 304-B, 34 I.P.C at Police Station, Mauli Jagran, District Chandigarh.
2. As per facts of the case, present FIR was lodged by Picha Pillai son of Sh. Ryar. The sum and substance of the allegations in the FIR is that he had three children out of which his eldest daughter Natharsha @ Natasha was aged about 23 years. His daughter performed love marriage with her free will about 3 years ago with Ravi Sharma. They were blessed with a son who is aged about 1 1/2 years. After marriage her husband and in-laws started harassing his daughter on account of bringing insufficient dowry. He tried his best to resolve the dispute, however, failed to do so. His daughter was asked to bring money from her parental home and on refusal she was beaten. On 16.11.2021 at about 11 PM his daughter got a phone call and she left the parental home by saying that she has been called by her husband Ravi. At about 12 AM Ravi's mother and sister i.e. the present petitioner came to his house and told that Na
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 need for complete evidence evaluation before concluding on the case under Section 304-B I.P.C.
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 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 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 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 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.
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