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G. S. AHLUWALIA
Shibbu @ Sahab Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. Ahluwalia, J. - This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
2. The applicant has been arrested on 26.07.2021 in connection with Crime No.116/2021 registered at Police Station Badoni, District Datia for offence under Sections 304B, 498A, 34 of IPC and under Section 3/4 of Dowry Prohibition Act.
3. It is submitted by the counsel for the applicant that according to the prosecution case, the applicant is elder brother-in-law (Jeth)of the deceased. The deceased was married on 29.12.2020 and she committed suicide by hanging on 12.7.2021. By referring to the statements of the parents of the deceased, it is submitted that both of them have specifically stated the deceased was kept properly for the first four to five months and thereafter on one day the deceased informed her father on phone that her husband and father-in-law are demanding Rs.50,000/- and a motorcycle and he was also informed that when the deceased refused to fulfill their demand on the ground of poor financial condition of her father, then she was beaten by all her in-laws including the present applicant. It is further submitted that nowadays a general tendency is increas
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.
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 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 court's decision emphasized the importance of the applicant's presence during the trial while allowing the bail application.
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.
The court considered the compromise between the parties, the affidavit from the deceased's father, and the similarity to a co-accused who was granted anticipatory bail as influential factors in grant....
The court emphasized the necessity of a proximate nexus between dowry-related harassment and the death of the deceased for invoking Section 304B IPC.
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