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RAJESH BHARDWAJ
Jarnail Singh @ Jilla – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Rajesh Bhardwaj, J. (Oral) - The present petition has been filed under Section 439 Cr.P.C for grant of regular bail to the petitioner in FIR No.66 dated 26.4.2021 registered under Sections 304-B, 498-A, 406, 149 IPC at Police Station, Kartarpur, District Jalandhar Rural.
2. As per facts of the case, present FIR was lodged by Joga son of Fauja Singh. The allegations in the FIR are that the marriage of Parampal Kaur, who is grand daughter of complainant's sister took place on 25.4.2021 with Supreet Singh @ Sonu son of Jarnail Singh @ Jilla (petitioner). It was alleged that sufficient dowry was given in the marriage as per their status. In the morning they received a phone call from Jarnail Singh @ Jilla (petitioner) that they will not keep their daughter.
3. Complainant along with his son Balbir Singh, cousin MC Ram Singh and nephew Amarjit Singh and wife Darshan Kaur reached at in-laws house of Parampal Kaur, who told them that her mother-in-law Jaswinder Kaur @ Santosh Kaur petitioner Jarnail Singh @ Jilla, sister-in-law Navjot Kaur and her husband Supreet Singh @ Sonu were harassing her since night on account of bringing less dowry. She also told that they said that they wil
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 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.
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.
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.
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