No blanket ban on bail in dowry death cases: Delhi HC
NEW DELHI: The Delhi High Court recently held that while dowry death is a grave offence that deeply affects the dignity and justice of domestic life, there is no absolute bar on granting bail in such cases. 'This court remains fully conscious of the societal gravity and enduring prevalence of dowry deaths. Such offences strike at the foundations of dignity, equality, and justice in domestic life,' Justice Sanjeev Narula said.
The court noted, while the Supreme Court in the Shabeen Ahmad v State of UP stated that bail should not be granted mechanically in dowry death cases, the verdict cannot be taken to mean that bail must be denied in all cases under Section 304B of the IPC. 'Rather, the court reaffirmed that bail decisions must rest on individual facts and circumstances of each case, nature and weight of evidence, and the overall context in which allegations are situated,' the court said.
The remarks came while granting bail to a man accused in dowry death of his wife. The woman had allegedly suffered both physical and mental abuse at the hands of her husband and his family. Her relatives claimed she was forced to stay in a room without a door, also alleging that dowry demands were made.
The court noted, at first glance, the material on record 'lacked specificity' required under Section 304B. 'There is no complaint by the deceased, her parents, or any other relative during her lifetime alleging harassment or demand for dowry,' the court said in its April 22 order.
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