Criminal Procedure Code, 1973
Section 439—Regular bail—Dowry death—Rejection of application by High Court—Appeal—Submission that appellant has been in jail for last approximately five months; that in fact his wife committed suicide in her parental home by hanging; that there was absolutely no demand for dowry inasmuch as the appellant and victim had married on their own accord and it was not an arranged marriage and therefore there can be no attribution of demand for dowry made on the appellant or his family—Considering the facts on record, the case for bail is made out—Appellant ordered to be released on bail subject to terms and conditions that may be imposed by the trial court as it deems fit for the purpose—Appeal allowed.
[Paras 7 & 9]
Decision : Appeal allowed