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PRANAY VERMA
Sachin – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Pranay Verma, J. - They are heard. Perused the case diary /challan papers.
2. This is a First application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.271/2022 registered at Police Station Pithampur, District Dhar (MP) for offence punishable under Sections 304B, 498A of the IPC.
3. The applicant is in custody since 14.05.2022.
4. As per the prosecution, the deceased Jyoti was married to the applicant on 10.04.2020. She committed suicide on 12.05.2022 by hanging herself. Thereafter the statements of her family members were recorded in which they alleged that the applicant had been making demand of dowry from the deceased ever since the marriage. On account of the harassment having been meted out to her by the applicant, she eventually committed suicide. On the basis of the statements of the witnesses recorded, the applicant has been implicated and arrested for the present offence.
5. Learned counsel for the applicant submits that the parents of the deceased have been examined before the trial Court and both of them have not levelled any allegation against the applicant of having made any demand of dowry either fro
The court may grant bail based on the statements of witnesses and the likelihood of the trial taking time for its conclusion, without commenting on the merits of the case.
In a case of dowry death, the accused is entitled to bail if the allegations against him are general in nature and the prosecution has not shown any proximity of harassment with the suicide.
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 has the discretion to grant bail to the accused, considering the facts and circumstances of the case, without commenting on the merits of the case.
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 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.
Bail granted despite dowry allegations due to lack of prior criminal history and circumstances of the case.
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