Uttarakhand HC Dismisses Bail Application in Dowry Harassment Case

Must Read

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by...

Gujarat High Court Allows a Family Suit to Be Transferred From Family Court, Surat to the Family Court, Bhavnagar

The Court directed that in light of the circumstances of the present case, the application of the applicant- wife...

Telangana HC Grants Two Days to Convey the Decision of Appropriate Notification and Counselling to the Higher Secondary Department

Excerpt In Telangana Republican Party Trp vs The State Of Telangana, on 18 January 2021, Telangana High Court directed the...

Telangana HC: Applications Have to Be Made Through Online Web Portal “Dharani” for Mutation of Names

Excerpt In P. Manohar Reddy vs The State Of Telangana And 3 Others, on 18 January 2021, Telangana High Court...

Indonesian Spa Therapist Approaches Supreme Court Regarding Illegal Detention Followed by Raid at the Spa

An Indonesian spa therapist has moved to Supreme Court, whilst challenging an HC order which provided relief to the police inspector who was involved in the illegal detention of the spa therapist in a woman’s home which was followed by a police raid at the spa.

Follow us

On 31st August 2020, a Single Judge Bench of Hon’ble Justice Ravindra Maithani heard the case of Rashid v. State of Uttarakhand via video conferencing.

Facts of the Case

An FIR was lodged by the father of the deceased Rubina, who was married to Azam, the younger brother of the applicant, around 18 months prior to the lodging of the FIR. According to FIR, the deceased and her elder sister were married to two real brothers. The deceased’s elder sister is Sabina, who was married to the present applicant. 

The applicant and other family members used to harass and torture the deceased and her sister for the demand of dowry. A motorcycle was being demanded. On 28.10.2019, the informant was informed that the deceased was killed by the applicant and other family members after they had hanged her. After investigation, a charge sheet was submitted against the applicant and his brother, Azam, who is the husband of the deceased.

The contention of the Applicant 

Learned Senior Counsel for the applicant contended that the FIR was lodged against all the family members, whereas the charge sheet was submitted against the applicant and his younger brother. He also contended that the applicant and his family were staying separately from the family of the deceased and her family and thus the Applicant had nothing to do with the household affairs of the deceased and her family. Further, the deceased was found hanging in her room, and she was taken to the hospital where she was declared dead. 

The Counsel referred to the statement made by the co-accused Azam given to the Investigating Officer, to argue that it was a small issue between the deceased and her husband, which prompted the deceased to commit suicide and the applicant has no role in it. 

The contention of the Informant

Learned counsel appearing on behalf of the informant contended that the deceased and her sister were both beaten by the applicant and his family members. Further, the sister of the deceased also sustained injuries but she survived. 

The contention of the State

The Brief Holder for the State contended that it is a categorical case that the applicant demanded dowry, particularly, a motorcycle. Reference was made to the statement of the informant and the sister of the deceased, who is married to the present applicant.

Court’s Analysis

The Court opined that it was an unfortunate incident in which a young girl died within 18 months of her marriage other than under normal circumstances. According to the investigation, it appears as if she committed suicide. The doctor, who conducted the post-mortem, opined that the cause of death was Asphyxia due to suspected hanging. 

The Court found the following statements true: 

  • The FIR was against six persons but the charge sheet has been submitted against the applicant and his younger brother, Azam, who was married to the deceased. 
  • The applicant was married to the elder sister of the deceased. 
  • The informant in his statement given to Investigating Officer revealed that the demand for dowry was made by the applicant and other family members. He was specific that a motorcycle was being demanded. 
  • The sister of the deceased, Sabina, revealed that she and her sister, Rubina, were harassed for the demand for dowry. According to her, her sister Rubina was killed. 
  • The Court observed that the above statements would require scrutiny during the trial. But the Court found it sufficient to say that according to the prosecution, it was a case of dowry death. 

Court’s Decision

The Court held that the applicant was not entitled to be enlarged on bail and the bail application was dismissed. 

Applicant Rashid was taken into judicial custody under Sections 323 (Punishment for voluntarily causing hurt), 498A (Husband or relative of husband of a woman subjecting her to cruelty), 304B (Dowry Death) of IPC and Section 3/4 of Dowry Prohibition Act, 1961 Police Station, Kotwali Laksar, District Haridwar. Uttarakhand HC dismisses bail application in dowry harassment case


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments of the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by the Petitioners (wife) challenging the...

Calcutta High Court: Deceased’s Wife Has the Sole Right Over His Preserved Sperm; Father Doesn’t Have Any Fundamental Right Over Son’s Progeny Without the...

Case: Asok Kumar Chatterjee vs. The Union of India & Ors. The Calcutta High Court dismissed the petition by the Petitioner (father) on 19th...

Gujarat High Court Allows a Family Suit to Be Transferred From Family Court, Surat to the Family Court, Bhavnagar

The Court directed that in light of the circumstances of the present case, the application of the applicant- wife to transfer the case from...

Telangana HC Grants Two Days to Convey the Decision of Appropriate Notification and Counselling to the Higher Secondary Department

Excerpt In Telangana Republican Party Trp vs The State Of Telangana, on 18 January 2021, Telangana High Court directed the Higher Education Department for passing...

Telangana HC: Applications Have to Be Made Through Online Web Portal “Dharani” for Mutation of Names

Excerpt In P. Manohar Reddy vs The State Of Telangana And 3 Others, on 18 January 2021, Telangana High Court directed that one has to...

Indonesian Spa Therapist Approaches Supreme Court Regarding Illegal Detention Followed by Raid at the Spa

An Indonesian spa therapist has moved to Supreme Court, whilst challenging an HC order which provided relief to the police inspector who was involved in the illegal detention of the spa therapist in a woman’s home which was followed by a police raid at the spa.

Questions of Forgery, Tampering Not Capable of Summary Adjudication Under Article 226 in Delhi High Court’s Jee Marks Case

Questions of fraud, forgery, and tampering require elaborate evidence as per the ruling of the Delhi High Court making it incapable of summary adjudication...

Supreme Court: Urgent and Immediate Reforms Needed in the Legal Education Due To Mushrooming of Law Schools

The Supreme Court, on Saturday, said that there is an urgent need for reforming the legal education in the country as its quality is being affected due to the ‘mushrooming’ of Law Colleges.

Delhi High Court Ruled Disclosure of Interest in Information Sought Under Rti Act Necessary to Establish Bonafides of Applicant

The Delhi HC opined that disclosure of the interest of information is necessary for the information sought under the RTI Act for establishing bonafide...

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

More Articles Like This

- Advertisement -