Delhi High Court Denies Bail in Dowry Death Case
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New Delhi, April 3 (NationPress) The Delhi High Court has denied the bail request of a man implicated in a dowry death case, citing that the seriousness of the crime along with the evidence available does not justify his release at this time.
A solitary-judge Bench led by Justice Girish Kathpalia turned down the regular bail request submitted by the accused, Md. Shahnawaz, related to an FIR filed at the Nabi Karim police station under Sections 304B, 498A, 201, and 34 of the Indian Penal Code (IPC). Following the post-mortem report, the charge under Section 302 IPC was also included.
The prosecution's case was initiated on a complaint from the deceased woman's brother, who claimed that his sister had taken her own life due to dowry-related harassment.
After subsequent details emerged, the deceased's body was exhumed and subjected to a post-mortem. The findings from the autopsy revealed ante mortem injuries inflicted by blunt force, which raised concerns about potential physical assault before her death, resulting in the murder charge being added.
In opposition to the bail request, the prosecution emphasized medical evidence, arguing that the nature of the injuries indicated violence prior to death.
In defense of the bail plea, the accused's counsel contended that the complainant had become hostile and suggested that the injuries documented in the post-mortem report might have occurred during the handling of the body during burial.
However, Justice Kathpalia dismissed this argument, stating: “Considering the expert post-mortem report… all the injuries are ante mortem in nature and inflicted by blunt force, making it impossible to accept the defense's claim that these injuries were post-mortem and resulted from mishandling during burial.”
The Delhi High Court further distinguished this case from that of a co-accused who had previously been granted bail, noting that the co-accused, the father-in-law of the deceased, faced no direct accusations, while the current applicant is the deceased's husband.
Justice Kathpalia also acknowledged the testimonies from the deceased's two sisters, who supported the prosecution’s claims in the trial court.
“In light of the seriousness of the offense and the material from the trial court, I cannot find grounds to grant bail to the accused/applicant,” the order concluded, thus rejecting the plea.
The Delhi High Court also mandated that a copy of the order be forwarded to the relevant Jail Superintendent for communication to the accused.