Title: SAGAR Vs THE STATE (GOVT. OF NCT)
Decided on: 11th August, 2023
+ BAIL APPLN. 1968/2023
CORAM: HON’BLE MS. JUSTICE SWARANA KANTA SHARMA
Introduction
The Delhi High Court recently rejected a bail application in a case involving offenses under IPC Sections 498A (cruelty towards a married woman) and 306 (abetment of suicide). The decision was based on specific allegations against the applicant, including his extramarital affair and mental and physical torture of the deceased wife. The court emphasized the devastating impact of discovering infidelity shortly after marriage on the victim’s emotional well-being.
Facts
The case revolved around the marriage between the deceased, Panina, and the accused applicant. Tragically, Panina took her own life just 13 days after their marriage, leading to the filing of an FIR by her father. The FIR alleged that the applicant had engaged in an extramarital affair and was responsible for Panina’s suicide.
Analysis
The applicant’s counsel argued for his innocence, claiming a harmonious relationship between the couple after marriage. They pointed out the absence of a suicide note or dowry demand as evidence supporting their case. On the other hand, the State’s counsel argued that the allegations were grave, underscoring Panina’s mental distress resulting from the applicant’s extramarital affair, substantiated by witness testimonies.
The Court carefully considered both arguments, evaluating the available evidence. Notably, specific allegations against the applicant, including his extramarital affair and the mental and physical torture of Panina, were found to be credible. These allegations were supported by Panina’s mother’s statement under Section 164 Cr.P.C.
The Court acknowledged the severe emotional trauma that discovering infidelity shortly after marriage can inflict on an individual. In this case, it was alleged that Panina’s suicide was a direct consequence of her husband’s actions. The absence of dowry demands was a significant factor in the analysis.
Held
Taking into account the facts and circumstances of the case, the Court concluded that there were no grounds for granting bail at this stage. The emotional trauma experienced by Panina due to her husband’s alleged infidelity and subsequent ill-treatment was considered a critical factor. Given these circumstances, the bail application was dismissed.
Conclusion
The Delhi High Court’s decision highlights the seriousness with which cases involving cruelty towards married women and abetment of suicide are treated, especially when specific allegations, such as extramarital affairs and mental torture, are involved. The court’s focus on the emotional well-being of the victim and the profound impact of such revelations underscores the need for responsible and compassionate handling of such cases.
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Written by- Ankit Kaushik
