NEW DELHI: The Delhi High Court has set aside the bail granted to a husband in a case concerning the death of his pregnant wife after five months of marriage. Justice Manoj Kumar Ohri, while dealing with the plea by the father of the deceased, said that the trial court order granting bail to the husband — who allegedly openly demanded money — overlooked the gravity and seriousness of the offence in question.
The trial court framed the charge under section 302 (murder), 304B (dowry death), 498A (cruelty) with Section 34 (common intention) of the Indian Penal Code. The high court directed the husband to surrender before the jail authorities concerned forthwith and noted that there were WhatsApp messages on record to show that the deceased was scared for her life on account of the demand of money at the hands of the in-laws.
“At the time of passing of the impugned order, learned (trial court) judge has failed to appreciate the gravity and seriousness of the offence and the same came to be passed on erroneous and extraneous reasons. Though the trial has not proceeded expeditiously and there are no allegations against respondent No. 2 (the husband) of tampering with the evidence, however, the trial court ought not to have lost sight of the enshrined principles of bail including the gravity and seriousness of the offence,” the court said. The court also took into account that the medical opinion stated that there was ‘nothing to suggest that the death could not be occurred due to sustained head injuries’.
TRIAL COURT order under scanner
Justice Manoj Kumar Ohri said that the trial court order granting bail to the husband — who allegedly openly demanded money — overlooked the gravity and seriousness of the offence in question.