ROHIT Vs. STATE (N.C.T. OF DELHI)

JUDGEMENT

(1.) This application under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 "BNSS" seeks regular bail in case FIR No. 564/2023 registered under Ss. 498A/304B/34 of the Indian Penal Code, 1860 "IPC" at P.S. Shahbad Dairy. A chargesheet under the aforesaid provisions has since been filed.

(2.) The case of the prosecution, in brief, is as follows:

(3.) Mr. Manoj Kumar Duggal, counsel for the Applicant submits that the Applicant has been falsely implicated. It is contended that the material relied upon by the prosecution, including the audio recording and photographs attributed to the deceased, does not disclose any specific demand for dowry and, at best, indicates ordinary marital discord or allegations of quarrels and beatings. On this basis, it is urged that the foundational requirements of Ss. 304B and 498A IPC are not met, as there is no material to establish a proximate or live link between any alleged acts of cruelty and the death in question. It is further submitted that the Applicant has remained in custody for more than two years; the investigation stands concluded; chargesheet has already been filed; and no further custodial interrogation is required. Thus, continued incarceration of the Applicant would be unjustified in these circumstances. It is also emphasised that all co-accused family members have been granted anticipatory bail.