New Delhi, April 3 – The Delhi High Court has dismissed the bail application of a man accused in a dowry death case, stating that the seriousness of the offense and the evidence available 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 a First Information Report (FIR) registered at the Nabi Karim police station under Sections 304B, 498A, 201, and 34 of the Indian Penal Code (IPC). Subsequently, an additional charge 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 committed 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 injuries sustained before death, caused by blunt force, raising suspicion of a physical assault prior to death, which led to the addition of the murder charge.
Opposing the bail plea, the prosecution heavily relied on the medical evidence, arguing that the nature of the injuries pointed towards violence inflicted before death.
In support of the bail application, the accused's counsel argued that the complainant had turned hostile and contended that the injuries noted in the post-mortem report could have been caused during the handling of the body at the time of burial.
However, Justice Kathpalia rejected this contention, stating: "In view of the post-mortem expert report, which indicates that all the injuries are ante-mortem in nature and caused by blunt force, and that the possibility of a physical assault on the deceased prior to death cannot be ruled out, I am unable to accept the contention of the learned counsel that those injuries were post-mortem and sustained due to mishandling of the deceased body during burial."
The Delhi High Court also distinguished this case from that of another 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 noted the testimonies of two sisters of the deceased, who had supported the prosecution's case before the trial court.
"Considering the seriousness of the offense and the material on record of the trial court, I do not find it a fit case to grant bail to the accused/applicant," the order stated while dismissing the plea.
The Delhi High Court also directed that a copy of the order be sent to the concerned Jail Superintendent for conveying it to the accused.