The Delhi High Court granted bail to an accused in a dowry death case (IPC Sections 304B/306/498A/34), citing lack of evidence and prolonged judicial custody.
Justice Swarana Kanta Sharma, a Single Judge Bench, noted that the complaint was filed by the deceased's father based on the suspicion of her being poisoned by her husband and in-laws.
The post-mortem report states that the deceased died due to chronic lung disease. The accused has been in custody since June 3, 2021, and the trial, during which evidence is being recorded, is expected to take a considerable amount of time to conclude.
Advocate Man Mohan Goel represented the Petitioner, while Advocate Manoj Pant appeared for the Respondent.
According to the brief facts, the complainant, the deceased's father, alleged that after the marriage, the accused/applicant and co-accused frequently quarreled with and physically assaulted the deceased. One day, he received a call informing him that the deceased had ingested poison. Upon reaching the location, he discovered the deceased in a semi-conscious state and rushed her to a hospital, where she eventually succumbed to her condition.
Following a review, the Bench acknowledged that the FSL report confirmed the absence of several substances in the tested viscera sample. The substances in question included chemical compounds, metallic poisons, ethyl and methyl alcohol, cyanide, phosphide, alkaloids, barbiturates, tranquilizers, and pesticides. This information is of potential significance in the context of a legal or investigative matter, such as a case involving toxicology or suspected poisoning. The absence of these substances as indicated by the forensic report may have implications for the case under consideration by the Bench, possibly influencing the course of legal proceedings or the understanding of the situation at hand.
Furthermore, the Bench observed that the post-mortem report determined that the deceased's cause of death was linked to a chronic lung disease and its associated complications.
The Bench also emphasized that the accused has been in custody since June 3, 2021, and recognized that the trial will be a lengthy process before it reaches a conclusion.
Taking into account all the facts and circumstances of the case, including the extended period of the accused/applicant's judicial custody and the findings from both the post-mortem report and the FSL report, the High Court has chosen to approve the applicant's bail request.
TAGS: Bench FSL report Substances absence Viscera sample Post-mortem report.
