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Bail rejected to husband facing trial in wife’s dowry death case
6/20/2007 11:48:48 PM


JAMMU, JUNE 20- 1st Additional Sessions Judge, Jammu, Mr. Puneet Gupta has rejected the bail application of Vivek Gupta, facing trial in a dowry death case.
While rejecting the bail application, Ist Additional Sessions Judge observed that counsel appearing for the accused has limited his arguments by referring medical report and report of FSL only to impress upon the Court that the involvement of the accused stands ruled out because of the reports from these two agencies. Counsel for accused has referred the statement of witnesses. From the statements of these witnesses it is evident that the victim Vandana Mahajan did not die of homicidal. On the other hand APP submitted that it would be pre-mature to come to any definite conclusion at this stage that the victim Vandana Mahajan died due to suicidal hanging, in addition to statement of these two prosecution witnesses there is also statement of doctor who in his examination in the Court has stated that death was due to asphyxia because of ligature strangulation. He has also stated that in his opinion it was homicidal hanging causing thereby death. The witnesses has however further stated that basis of his opinion can be better answered by forensic expert of course there is some but difference of opinion regarding the exact cause of the death of the victim. Court would not like to comment finally this aspect of the case. The Court is required to decide taking into consideration the totality of the circumstances. Court is of the view that case of the accused does not fall within any exception circumstances so as to allow the Court to grant him concession of bail at this stage of the proceedings. With these observations Court dismissed the bail application of the accused.
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