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VIVEK PURI
Chhinder Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Vivek Puri, J. (Oral) - Custody certificate has been placed on record.
2. Through instant petition, the petitioner is seeking regular bail in case bearing FIR No.94 dated 12.10.2021 under Section 306 IPC, registered at Police Station Sadar Abohar, Punjab.
3. Briefly, the FIR has been registered on the basis of the statement of the Bholi Kaur alleging that the deceased Shobha Kaur was her daughter, whose marriage was solemnized with Balwinder Singh @ Bunty about 3 years prior to the occurrence. At the time of the marriage, the inlaws family of the deceased was residing at Ganganagar in a rented accommodation. The deceased was working as a Nurse in Sanjeevani Dental Hospital, Shri Ganganagar and had also purchased a house in Sureya Colony, Shri Ganganagar from her savings and after getting money from the parental family. After about 3 months from the marriage, the deceased was turned out of the matrimonial house. After about 2 1/2 years, Balwinder Singh @ Bunty took the deceased with him to village Kundal, where she had been residing for a period of 4 months prior to the occurrence. The deceased had disclosed to the complainant that her mother-in-law, husband and sister-in law,
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 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.
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 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 criminal antecedents and the need for further trial to assess the veracity of the allegations influenced the court's decision to grant bail.
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