Title: Bhuwan Sharma v. State
Decided on September 1, 2023
Bail Appln. 1479/2023
CORUM: HON’BLE JUSTICE AMIT SHARMA.
Introduction
The Delhi High Court grants regular bail in dowry death to the applicant who was in judicial custody under the charges of criminal breach of trust, cruelty to the wife, dowry death, and abetment to suicide. Ordered to the applicant to appear in the trial court when hearing will start in the present case and not try to fabricate with the evidence of the case and also not to fly abroad without the permission of the court etc.
Facts of the case
The FIR was registered on dated 16.07.2021 by Sh. Ram Gopal Sharma the father of the deceased Komal Sharma against her husband Bhuwan Sharma under section 306/498A/34 of the IPC. Applicant and deceased were married on dated 30.11.2020. It was alleged that the applicant and deceased were fought regularly. The father of the deceased got to know this by his wife the mother of the deceased that she was being harassed by her in laws. The deceased also came to her father’s home a day before the incident and told her mother she did not want to go back to his husband’s home. On dated 16.07.2021. Richa (sister in law) of the deceased called the complainant that the deceased is unwell but when the complainant reached their found that her daughter had hung herself with a chunni to the ceiling fan and passed away. Marriage had solemnized only 8 months ago so SDM was informed. The postmortem report came and cause of death was asphyxia caused by hanging and it was stated that manner of the death was suicidal. Applicant was arrested on dated 18.07.2021 and also released on bail on the date of 18.07.2021. The applicant again arrested on dated 29.09.2022. On dated 25.10.2021, the supplementary statement of the family were recorded under the section 161 of Cr.P.C. under which first time allegation against family members of the applicant and applicant made. Alleged that they were demanding dowry of 1 crore, a car, jewellery etc. Due to alleged behavior of in laws deceased was compelled to commit suicide.
Courts analysis and decision
On dated 31.07.2021, the learned ASJ-02, Tis Hazari Courts, Delhi, passed the order on charge qua the applicant and his family members. Subsequently, formal charges were framed on 01.08.2023, qua the accused persons, including the applicant, under sections 498A/34 of the IPC and Sections 304B/34 of the IPC and the alternate Sections 306/34 of the IPC. After hearing the learned counsel for the applicant the Delhi High Court observed that it was not in dispute that parents of deceased made their first statement before the SDM on dated 16.07.2021 and alleged only the fight between the couple and due to this reason deceased were not agree to go her matrimonial home and the supplementary statement made by deceased parents 3 months later on dated 25.10.2021, in which they alleged that the in laws of the deceased were demanding dowry of 1crore, a car, and jewellery etc. and given the threats to remarry of applicant. The second statement of the parents of deceased can’t be ignored on the ground that it had given three months later. The court also noted that the statement made by the parents of deceased it is no where alleged that the applicant himself or the family members if the applicant demanded dowry from the parents of the deceased directly. In view thereof the present application is allowed. The applicant is directed to be release on bail, on his furnishing a personal bond of Rs 50,000/- with one surety of like amount.
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Written by: Aamir Hussain.
