The seriousness of the charge, severity of the punishment, and prima facie reasons for granting bail in serious offences are crucial considerations for bail applications. Additionally, successive bail applications without substantial changes in circumstances are not permissible.

JUDGMENT :

This Second Bail Application has been filed in connection with Case Crime No.156 of 2018 (Sessions Trial No.244 of 2018, “State vs. Govind Haldar and Others), registered with Police Station Dineshpur, District Udham Singh Nagar for the offence under Section 304 B of IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

2. After hearing the parties, First Bail Application (No.549 of 2020) was rejected on 07.01.2022 by this Court.

3. Facts, to the limited extent, are that Mr. Sadhan Maitra, the informant/ the father of the deceased Smt. Pallavi, lodged an FIR to the effect that the marriage of his daughter Smt. Pallavi was solemnized with the present applicant on 04.12.2017 as per Hindu rites. After marriage, the present applicant had demanded dowry in the shape of cash and jewellery. The deceased was harassed and tortured by the applicant for the demand of dowry. Smt. Pallavi had died on 06.09.2018. The said First Information Report was registered at 10:30 hours on 07.09.2018.

4. On 07.01.2022, Mr. Sandeep Kothari, the learned counsel for the present applicant, had submitted that the applicant has been implicated in this matter; the death of the deceased was natural; the applicant had not demanded any alleged dowry; the deceased was not harassed or tortured by him; according to the postmortem report, the cause of death could not ascertain and no external injury was found on the body of the deceased; the applicant has no criminal history and he is in custody since 10.09.2018.

5. On 07.01.2022, Mr. Siddhartha Bisht, the learned Brief Holder for the State, had opposed the bail application and submitted that during the investigation, evidence are produced that the deceased was subjected to cruelty for demand of dowry in the shape of Rs,50,000/- and jewellery. According to the viscera report, Organo Chloro Insecticide poison was found in the body of the deceased.

6. On 07.01.2022, after hearing both the parties, this Court had passed following order :

“6. Section 439 of the Code of Criminal Procedure confers very wide powers regarding bail. But, while granting bail, the High Court is guided by the same considerations as other court. That is to say, the gravity of the crime, the character of the evidence and such other grounds are required to be taken into consideration.

7. In the case of Kalyan Chandra Sarkar vs. Rajesh Ranjan, (2004) 7 SCC 528, the Hon’ble Supreme Court has held that the law in regard to grant or refusal of bail is very well settled. The court granting bail should exercise its discretion in a judicious manner and not as a matter of course. Though at the stage of granting bail a detailed examination of evidence and elaborate documentation of the merit of the case need not be undertaken, there is a need to indicate in such orders reasons for prima facie concluding why bail was being granted particularly where the accused is charged of having committed a serious offence.

8. In the case of State of U.P. vs. Amarmani Tripathi, (2005) 8 SCC 21, the Hon’ble Apex Court has held that it is well settled that the matters to be considered in an application for bail, are (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence, (ii) nature and gravity of charge, (iii) severity of the punishment in the event of conviction, (iv) danger of the accused absconding or fleeing, if released on bail, (v) character, behavior, means, position and standing of the accused, (vi) likelihood of the offence being repeated, (vii) reasonable apprehension of the witnesses being tampered with, and (viii) danger, of course, of justice being thwarted by grant of bail.

9. In determining whether to grant bail, both the seriousness of the charge and the severity of the punishment should be taken into consideration. While dealing with an application for bail, there is a need to indicate in the order, reasons for prima facie considering why bail is being granted particularly where an accused is cha