New Delhi, April 3 (IANS) The Delhi High Court has dismissed the bail application of a man accused in a dowry death case, observing that the gravity of the offence and material on record did not warrant his release at this stage.
A single-judge Bench of Justice Girish Kathpalia rejected the regular bail plea filed by the accused, Md. Shahnawaz, in connection with an FIR registered at Nabi Karim police station under Sections 304B, 498A, 201, and 34 of the Indian Penal Code (IPC). Subsequently, the offence under Section 302 IPC was also added based on the post-mortem report.
According to the prosecution, the case was registered on the complaint of the deceased’s brother, who alleged that his sister died by suicide due to dowry harassment.
Following further information, the body of the deceased was exhumed and sent for post-mortem examination. The post-mortem report indicated the presence of ante mortem injuries caused by blunt force, raising suspicion of physical assault prior to death, leading to the addition of the charge of murder.
Opposing the bail plea, the prosecution relied heavily on the medical evidence, submitting that the nature of the injuries pointed towards violence inflicted before death.
In support of the bail application, counsel for the accused argued that the complainant had turned hostile and contended that the injuries noted in the post-mortem report could have been caused during handling of the body at the time of burial.
However, Justice Kathpalia rejected this contention, observing: “In view of the post-mortem expert report… that all those injuries are ante mortem in nature and caused by blunt force, and that possibility of physical assault on the deceased prior to death cannot be ruled out, I am unable to accept the contention of learned counsel that those injuries were post-mortem and sustained on account of mishandling of the dead body during burial.”
The Delhi High Court also distinguished the case from that of a co-accused who had been granted bail earlier. It noted that the co-accused, being the father-in-law of the deceased, faced no direct allegations, whereas the present applicant was the husband of the deceased.
Justice Kathpalia further took note of the testimonies of two sisters of the deceased, who had supported the prosecution's case before the trial court.
“Keeping in mind the gravity of offence and material on record of the trial court, I do not find it a fit case to grant bail to the accused/applicant,” the order said while dismissing the plea.
The Delhi High Court also directed that a copy of the order be sent to the concerned Jail Superintendent for being conveyed to the accused.
--IANS
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