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Gujarat High Court Grants Bail To Man Accused Of Abetting Suicide Of Mentally Depressed Wife By Demanding Dowry

PRIYANKA PREET
21 May 2022 11:55 AM GMT
Gujarat HC Grants Bail To Applicant Accused Of Offences Under Dowry Prohibition Act; Finds Deceased Woman Was Suffering From Depression
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The Gujarat High Court has recently granted bail to a man accused under Sections 306, 498A and 506(2) of the Indian Penal Code and under Sections 3 and 4 of the Prohibition of Dowry Act for abetting the suicide of his wife by demanding dowry.

A Bench comprising Justice Gita Gopi observed that given the fragile mental state of the deceased person and the fact that the trial would take a long time to conclude, it was a fit case for exercising discretion in favour of the Applicant.

The Applicant had submitted that the deceased was suffering from mental illness, was under continuous depression and this was recorded in the statement of the Applicant in connection with the Accidental Death complaint.

The deceased was undergoing treatment even before marriage. After marriage, she had complained about lack of sleep and it is claimed that the Applicant supported her during the treatment and the doctor found partial improvement during medication. Further, the deceased's parents were aware of her mental state and there was no reason for the abetment of suicide by the Applicant. It was contested that the 'ultimate step' was taken in a state of depression. Accordingly, bail ought to be granted.

Per contra, the APP submitted that the marriage span was only of seven months and that as per the complaint, the Applicant had raised a demand for dowry worth INR 10,00,000. The deceased was also tortured for not bringing in enough dowry. It was brought to the Court's attention through a statement of the bank account of the deceased that her father had transferred an amount of INR 1,00,000 into her bank account.

However, considering the mental state of the deceased and that the trial will take its own time to conclude, the Court allowed the application for bail on furnishing of a personal bond of INR 15,000 with one surety of like amount to the satisfaction of the trial court.

Case Title: VIVEKKUMAR KAMALNIRANJAN KUSHWAHA v/s STATE OF GUJARAT

Citation: 2022 LiveLaw (Guj) 176

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