Court rejects bail of husband and father-in-law in dowry death case
18/10/2018
JAMMU, Oct 17: CJM Jammu Ashwani Sharma rejected the bail application of Himank Dhar husband and Preduman Krishan Dhar father-in-law Shailly Dhar allegedly involved dowry death case. CJM Jammu Ashwani Sharma after hearing Senior PO Rohit Gupta for the state observed that As per the evidence which is collected by the I.O up till now sufficient evidence has come before the court regarding the factum of cruelty to the deceased coupled with demand of dowry at the instance of the accused persons. U/S 114-C of the Evidence Act presumption of abetment of suicide by a married women can be drawn if the suicide has been committed within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, having regard to all the other circumstances of the case that such suicide had been abetted by her husband or by such relative of her husband. In the present case the suicide has been committed only within the period of 04 months from the date of the marriage. So, the presumption can be drawn that the same has been committed at the abetment of the accused persons. Prima facie there is a sufficient evidence for commission of the aforesaid offence against the accused persons at this stage. The offence U/S 306 RPC is a very heinous offence and the nature and gravity is also serious.
In such cases particularly when an offence is committed against a women the weaker sex in the society, if the accused are enlarged on bail, the interest of the general public and particularly of the victim family shall be shaken besides the conscience of the court.
Even, if the embargo contained U/s 497 Cr.p.c is not attracted, the accused does not deserves the latitude of bail at this stage. JNF
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