Excelsior Correspondent
JAMMU, Apr 25: High Court of Jammu & Kashmir and Ladakh has granted anticipatory bail to the accused in the alleged dowry death case with certain conditions.
The applicants—Darshana Devi and others approached the High Court for grant of anticipatory bail under Section 438 of CrPC in connection with FIR No. 54/2021 registered with Police Station Kana Chak, Jammu for the commission of offences punishable under Sections 304-B (dowry death), 498-A (cruelty by a husband or his relatives towards a married woman), 306 (abetment of suicide) etc of Indian Penal Code.
The FIR was registered on the complaint of the father of the deceased—Renu Bala. The applicants before the High Court were mother-in-law of the deceased, her husband and married sister-in-laws.
Advocates Deepak Mahajan and Barinder Kumar appearing for the applicants submitted before the bench of Justice Sindhu Sharma that there was a delay of seven months from the date of registration of the FIR in question and the currency of the inquest proceedings.
“The injuries caused to the deceased by the applicants as alleged by the complainant in the present FIR are contrary to medical evidence in the post-mortem examination report”, they added.
After hearing counsels for the applicants and respondents, Justice Sindhu Sharma observed, “the FIR contains recital of the allegations which is demand of dowry and the allegations that she was beaten by iron rod and stick and then burnt. These allegations are not supported by post mortem report though these observations at this stage are only prima facie in nature”.
“Keeping in view the facts and submission that applicants are cooperating with the respondents a case for bail is made out”, High Court said while allowing the bail application. “In the event of arrest of the applicants, they are directed to be released on anticipatory bail on furnishing of personal bonds to the tune of Rs 50,000 each and two sureties of the like amount before the Investigating Officer”, High Court directed.
“The applicants shall cooperate with the investigation and shall appear before the Investigating Officer, as and when required. Moreover, they shall not influence the prosecution witnesses or the course of investigation in any manner and shall not leave the territorial limits of Union Territory of J&K without the permission of the Investigating Officer”, High Court further directed.
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