Bail is a rule and jail is an exception; absence of evidence for instigation justifies granting bail.

ORAL ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita , 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11200010240381 of 2024 registered with Valsad City Police Station, Valsad for the offences punishable under Sections 306 and 498(A) of the Indian Penal Code , 1860 read with Section 4 of the Dowry Prohibition Act .

[3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence and the allegation against the applicant is that he has made a demand of Rs.20 lakh from the father of the deceased. It is submitted that during a telephonic conversation on February 5, 2024, the complainant categorically denied acceptance of the marriage to the applicant, a fact supported by their WhatsApp chats. The learned judge failed to recognize that the complainant did not accept the love marriage between the applicant and the deceased, leading to the impugned complaint, which alleges false statements and claims of dowry. The applicant and the deceased had a happy marriage, having married on February 15, 2024, and traveled to Shirdi, Daman, and Nasik together. Furthermore, the deceased had a history of suicidal tendencies and had attempted suicide twice prior to the marriage, with scars on her wrists that the investigating ofÏcer did not examine. The allegations made by the complainant are false and fabricated due to his disapproval of his daughter’s marriage to the applicant. The reasons for the suicide remain unclear, particularly since no suicide note was found, and a final conversation with the complainant shortly before the incident may have contributed to her decision. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

[4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that marriage span is only one month and then incident took place. It is further submitted that there is a whats app chat that which shows that the applicant has made a demand of Rs. 20 lakh from the father of his wife. Hence, he has requested to dismiss the present application for regular bail looking to the nature and gravity of the offence.

[5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.

[6.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. In present case, the investigation is over and charge-sheet has been filed. Following aspects have been considered:

(1) investigation is over & charge-sheet is filed;

(2) applicant is 24 years old;

(3) the allegation against the present applicant is that he made a demand of Rs.20 lakh from his father-in-law. If we accept the same, even though offence under Section 4 of Dowry Prohibition Act is made out, but no any offence or the elements of the abetment or qua instigation under Section 107 of the