(A) Criminal P.C. (2 of 1974) , S.439(2)— Constitution of India , Art.134— Cancellation of bail – Prima facie case – Offences of cruelty and dowry death – Material on record showed that father-in-law and mother-in-law of deceased had principal role in pressurising her with repeated demands for expensive items and subjecting her to relentless cruelty – Gravity of allegations, ranging from demands for costly gifts to infliction of brutal injuries, demonstrated strong prima facie case against them – Permitting in-laws to remain at large would run counter to ends of justice, especially when evidence showed probable nexus between their persistent dowry demands, physical cruelty and deceased’s death – Bail was cancelled.
CRMBA No. 4876/2024,D/-07-05-2024 (ALL)-Partly Reversed(Paras1213)
(B) Criminal P.C. (2 of 1974) , S.439— Constitution of India , Art.134— Bail – Grant of – Personal and education circumstances of accused – Offences of cruelty and dowry death – Accused persons were sisters-in-law of deceased whose role seemed to be less direct – One had recently married and begun new life, while other was young, pursuing Bachelor of Arts degree and working as teacher – Leniency was extended by not interfering with bail granted to sisters-in-law , considering their personal and educational circumstances – Grant of bail was upheld
CRMBA No. 4876/2024,D/-07-05-2024 (ALL)-Partly Reversed(Para14)
(C) Criminal P.C. (2 of 1974) , S.439— Grant of bail – Offences of dowry death and cruelty – Need of deeper scrutiny of circumstances – Explained.
AIROnline 2024 SC 385-Relied on
It is unfortunate that in today’s society, dowry deaths remain a grave social concern and the courts are duty- bound to undertake deeper scrutiny of the circumstances under which bail is granted in these cases. The social message emanating from judicial orders in such cases cannot be overstated. When a young bride dies under suspicious circumstances within barely two years of marriage, the judiciary must reflect heightened vigilance and seriousness. A superficial application of bail parameters not only undermines the gravity of the offence itself but also risks weakening public faith in the judiciary’s resolve to combat the menace of dowry deaths. It is this very perception of justice, both within and outside the courtroom, that courts must safeguard, lest we risk normalizing a crime that continues to claim numerous innocent lives.