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SAMEER JAIN
Amit Kharwar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Sameer Jain, J.
1. Supplementary affidavit filed on behalf of the applicant and counter affidavit filed on behalf of the State-respondent in Court today are taken on record.
2. Heard Shri Kapil Tyagi, learned counsel for the applicant and Dr. S. B. Maurya, learned A.G.A.-I for the State-respondent.
3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.804 of 2022, under Sections 498-A, 304-B, 302 IPC and Sections 3/4 D. P. Act, Police Station Loni Border, District Ghaziabad, during pendency of the trial in the court below.
4. FIR of the present case was lodged on 28.10.2022 against applicant and his mother and according to the F.I.R., marriage of the applicant was solemnized with the sister of the informant on 07.05.2021 and on 26.10.2022 they committed her murder. It is further mentioned in the FIR that applicant and his mother used to torture the deceased for dowry.
5. Learned counsel for applicant submits that applicant is husband of the deceased and on the basis of false allegation of demand of dowry and torture, he has been made accused in the present matter.
6. He further submits that actually deceased wanted to perform marria
The absence of a viscera report and specific allegations of dowry demand, along with the applicant's clean criminal history, justified the granting of bail.
Bail cannot be denied based solely on allegations without substantial evidence; the presumption of innocence prevails.
Bail granted despite dowry allegations due to lack of prior criminal history and circumstances of the case.
Bail granted based on lack of supporting evidence from prosecution witnesses and absence of criminal history of the applicant.
The timing and specificity of allegations, completion of investigation, and framing of charges are crucial factors in considering bail applications in cases involving dowry demands and harassment.
The court emphasized the necessity of a proximate nexus between dowry-related harassment and the death of the deceased for invoking Section 304B IPC.
The court established that allegations of dowry death require clear and specific evidence of harassment and cruelty, and the absence of such evidence can lead to the granting of bail.
The court's decision highlighted the importance of considering the nature and gravity of the accusation, as well as the circumstances of the case, in granting bail. It also emphasized the need to imp....
The court granted bail to the accused in a dowry death case, citing insufficient evidence and the prolonged trial process as justifications.
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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