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2007 DIGILAW 2032 (DEL)

Ajay Besoya S/o Late Sh. Shripal v. State (NCT Of Delhi)

2007-12-17

V.B.GUPTA

body2007
JUDGMENT V.B. GUPTA, J. 1. This order shall dispose of the application for bail filed on behalf of the petitioner. 2. Present case was registered on the statement of Smt.Krishna, mother of the deceased Sarla. Deceased Sarla died under mysterious circumstances within two years of her marriage at her matrimonial home. 3. In her statement, given to the Sub-Divisional Magistrate, the mother of the deceased leveled serious allegations against the petitioner and in-laws of her deceased daughter, alleging that petitioner, who is the husband of the deceased and other in-laws used to harass her daughter. It is also alleged that Rs. 1 lac was given to the in-laws of her daughter after selling their home and they were further harassing her daughter to get half share in the property and to transfer the same in their name. 4. It has been argued by learned Counsel for the petitioner that only bald allegations with regard to the demand of dowry and harassment has been made. The necessary ingredients that the deceased was subjected to cruelty or harassment by the petitioner soon before the death or in connection with the demand of dowry, are totally missing in the present case. Other accused persons in this case have already been released on bail and on the ground of parity also, the petitioner is also entitled to be released on bail and petitioner is in custody for about one year and the trial is going to take long. Further it is contended that the alleged agreement to sell, placed on record by the prosecution is an afterthought document and no reliance can be placed on this document, since the stamp paper was purchased on 5th November, 2006 while, the agreement has been executed on 30th October, 2006 itself. 5. On the other hand, it has been argued by learned Counsel for the State that petitioner is the main culprit in this case as he is the husband of the deceased who died within two years of her marriage and as per statement of the mother and brother of the deceased, the involvement of petitioner is fully there in this case. 6. The deceased has died within two years of marriage at her matrimonial home and it is the case of unnatural death. 6. The deceased has died within two years of marriage at her matrimonial home and it is the case of unnatural death. As per statement of the mother of the deceased, serious allegations have been leveled by her against the petitioner who is the husband of the deceased. She, in her statement, stated that they have spent Rs. 6 lacs in the marriage but after some time, her son-in-law, (the present petitioner) started harassing her daughter and started giving her beatings and started raising demands that she should bring the money from her parental house. Thereafter, they paid Rs. 1 lac to the in-laws of the daughter but again after some time she was harassed for bringing more money and after selling her house they again paid Rs. 1 lac to the in-laws of the daughter and later on they started pressurising her to get the half share of property of her father and to get the same transferred in their name. 7. Though it is correct that "the general policy of Law is to grant bail rather than to refuse it". However, in State v. Jaspal Singh Gill : 1984 CriLJ 1211 , it has been laid down that: The Court before granting bail in case involving non-bailable offence particularly where the trial has not yet commenced should take into consideration various matters such as the nature and seriousness of the offence, the character of evidence, circumstances which are peculiar to the accused, a reasonable possibility of the presence of the accused not being secured at the trial, reasonable apprehension of witnesses being tempered with, the larger interest of the public or the State. 8. Further, where the offence is one punishable with death or imprisonment for life, the accused cannot be released if there appear reasonable grounds to believing that he has been guilty : 1958 CriLJ 701 . 9. In 1981 L.R. (MAH) 42, it has been laid down that, Merely because the offence is not one punishable with death or imprisonment for Life, the accused is not entitled to bail as of right. If the allegations so warrant bail may properly be refused even in case of the non-bailable offence not punishable with death or imprisonment for life. 10. If the allegations so warrant bail may properly be refused even in case of the non-bailable offence not punishable with death or imprisonment for life. 10. So, keeping in view the nature and seriousness of the offence and the fact that petitioner has been harassing the deceased and had been beating her and raising demand of dowry, under these circumstances no ground is made out for enlarging the petitioner on bail in this case. 11. Hence, the present bail application is hereby dismissed. Application dismissed.