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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RAVINDRA MAITHANI, J.
Deepak – Appellant
Versus
State of Uttarakhand – Respondent
First Bail Application No. 395 of 2024
Decided On : 06-05-2024
BAIL - DOWRY DEATH - The court analyzed the circumstances surrounding the applicant's request for bail in a dowry death case. It highlighted the presumption of dowry death under Section 304-B IPC but noted that the evidence presented indicated disputes between the applicant and the deceased regarding fidelity, rather than a clear case of dowry-related murder. The court emphasized that the allegations were joint against the applicant and co-accused, leading to the conclusion that the applicant was entitled to bail.
Fact of the Case:
The applicant, Deepak, is in judicial custody for allegedly killing his wife, who was reportedly harassed for dowry. The FIR claims the deceased was killed by the applicant and co-accused, but the applicant argues that the case is based on disputes over fidelity rather than dowry demands.
Finding of the Court:
The court found that the statements of various witnesses indicated disputes between the applicant and the deceased, rather than a clear case of dowry death. The court noted that the allegations were joint against the applicant and others, and thus, the applicant was deemed fit for bail.
Issues: Whether the applicant should be granted bail in a case involving allegations of dowry death under Section 304-B IPC.
Ratio Decidendi: The court established that in cases of dowry death, while there are presumptions, the specific circumstances and evidence presented must be considered. The evidence suggested that the conflict was personal rather than solely related to dowry demands.
Result: The bail application was allowed, and the applicant was ordered to be released on bail upon executing a personal bond and providing two reliable sureties.
JUDGMENT :
RAVINDRA MAITHANI, J.
1. Applicant Deepak is in judicial custody in Case Crime No. 0402 of 2023, under Section 304-B IPC, Police Station-Piran Kaliyar, District-Haridwar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, the deceased and the applicant were married on 14.02.2020, but, thereafter, the deceased was harassed and tortured for and in connection with the demand of dowry. On 07.10.2023, the informant was told that the deceased has been killed by the applicant and the co-accused.
4. Learned counsel for the applicant would submit that the FIR was lodged against all the family members of the applicant, but, after investigation, chargesheet has been filed against the applicant alone; it is not a case of dowry death; there were fights between the applicant and the deceased. It is argued that the deceased used to doubt the character of the applicant. Therefore, there were Panchayats also held in the village. He would refer to the statements of Smt. Munni Devi, Ajeet and Shishpal. He would also submit that although the informant has supported the FIR in his statements, but the brother of the deceased has stated that the applicant and the deceased had a dispute, as the deceased was doubting the fidelity of the applicant.
5. Learned State Counsel would submit that the witnesses have supported the prosecution case in their statements given to the Investigating Officer.
6. It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial, or in any other proceeding.
7. In the case of dowry death, there are, no doubt, presumptions in such cases. In the instant case, the applicant has referred to the statements of various witnesses, namely, Munni Devi, Ajeet Singh and Shishpal, who are the villagers of the village of the applicant. They have stated that, in fact, the deceased and the applicant had a dispute, and they were doubting each other’s character. Reference has been made to the statement of Sachin, the brother of the deceased also. He has also stated on those lines. In fact, these witnesses have also stated that there were Panchayats also in the past.
8. Whatever allegations have been levelled, they are, in fact, joint allegations against the applicant and other co-accused.
9. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
10. The bail application is allowed.
11. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.
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 emphasized the gravity of dowry-related offenses and the need for careful consideration of evidence at the bail stage.
The court emphasized the applicant's burden to provide a satisfactory explanation for the circumstances of the deceased's death, given the serious nature of the charges.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
Bail may be denied in cases involving serious offenses where there is substantial evidence against the accused, particularly in instances of domestic violence.
The court affirmed that bail should be granted when the investigation is complete and the accused poses no flight risk, emphasizing the non-punitive purpose of pre-trial detention.
The court considered the lack of specific demands in the FIR, questionable evidence, and compelling circumstances of the minor child in granting bail to the petitioner.
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