Criminal Procedure Code, 1973
Section 439—Regular bail—Dowry death—FIR registered under Sections 498A/304B/306/406/34 of IPC—In the statements made by deceased's parents it is no where alleged that the applicant himself or his family members ever demanded dowry from them—Statements are also bereft of any particulars in terms of date or time with regard to instances of demand of dowry—Statements made by the parents of the deceased, i.e., before the SDM and subsequently during the course of the investigation are at variance—Fact that the second statement was made after a gap of 3 months cannot be ignored at this stage for the purpose of consideration of present bail application—Veracity of allegations made by parents of deceased in the subsequent statement will be determined during the course of the trial—Investigation in the present case has been completed—Charges qua the present applicant as well as against his family members have been framed by the Trial Court—Applicant is in judicial custody for last nearly one year—Bail granted.
[Paras 9 & 10]