In a recent ruling by the Delhi High Court, bail has been denied to the accused in a serious dowry harassment case. The case involves allegations of physical torture and mental trauma inflicted on the deceased by her husband and his family. The petitioner, accused of demanding dowry and subjecting the victim to abuse, faced a strong judgment due to the seriousness of the allegations. The decision reflects the court’s stance on crimes related to dowry harassment and upholding justice for victims.
Facts
- Bail application filed under Section 439 of the Cr.P.C. for regular bail in case FIR no. 645/2021.
- PCR call received at P.S. Kanjhawala informing about the victim being brought dead to the hospital with a history of hanging at home.
- Charge-sheet filed under Sections 304B/498A/34 of the IPC.
- Allegations of physical torture on the deceased by her husband and his family.
- Complaint by deceased’s father alleging dowry harassment on 11.10.2021.
- Statements by mother and brother of the deceased regarding harassment by the petitioner and mental trauma due to husband’s extra-marital affair and second marriage.
- Acceptance of notice by Mr. Naresh Kumar Chahar, learned APP for the State.
- Allegation of suicide by the deceased due to mental and physical harassment.
Arguments
- The learned counsel for the applicant argues that the present applicant has been falsely implicated in the case with no corroborating material on record for the complainant’s allegations.
- The family of the deceased had only spent a limited amount on the wedding, while the applicant’s family had gifted jewellery worth Rs. 9 lakhs to the deceased.
- All material witnesses have been examined, and discrepancies and improvements in their statements have been pointed out.
- No dowry demands were made by the petitioner or his family before or during the marriage.
- The deceased committed suicide due to harassment for non-fulfillment of dowry demand by the accused and his family.
- The deceased faced ill-treatment, harassment, physical, and mental torture within three years of marriage.
- The seriousness of the offense of forcing someone to commit suicide due to harassment is emphasized.
- The applicant/accused has been in judicial custody for about 2 years.
- The bail application is being prayed to be rejected due to the gravity of the situation.
- The witnesses examined so far have supported the prosecution’s case with pending testimonies yet to be heard.
Analysis
- The deceased was continuously tortured, beaten, and abused by the applicant and co-accused persons.
- The deceased was pressurized for money by the applicant to run his business, despite being pregnant.
- The applicant had an extra marital affair and got married to another woman while still married to the deceased.
- The deceased was threatened to be killed multiple times if she did not bring more money from her parents.
- The family of the deceased tried to mediate and settle issues, but the applicant did not change his behavior.
- The applicant and co-accused persons physically abused and humiliated the deceased in front of her family.
- The applicant demanded dowry even after the birth of a son, causing fear and distress to the deceased and her family.
- The deceased had to seek shelter in her parental home multiple times due to threats and abuse from the applicant.
- Transcript of call recordings revealed threats and abuse by the applicant towards the deceased.
- The applicant’s extra marital affair and subsequent marriage during his valid marriage to the deceased were confirmed.
- The allegations in the case highlight the humiliation, abuse, and violence faced by married women and their families for not meeting dowry demands.
- The deceased’s family was scared to send her back to the matrimonial home due to continuous threats and abuse by the applicant.
- The family sent money to the applicant multiple times to save their daughter from his harassment.
- Considering the gravity of the allegations and the circumstances of the case.
- Leniency could send inappropriate signals to society regarding dowry-related crimes.
- Non-fulfillment of money and dowry demands by the applicant and family resulted in a woman’s death.
- Bail is denied in this case due to the seriousness of the situation.
Decision
- The judgment is to be uploaded on the website immediately.
- No opinions on the merits of the case are expressed in this judgment.
- The present petition is dismissed based on the above terms.
Case Title: TILAK Vs. STATE (NCT OF DELHI) (2024:DHC:4737)
Case Number: BAIL APPLN.-707/2024
