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| HC deny bail to Army Major in dowry death case | | | Early Times Report
JAMMU, Dec 23: Justice Javed Iqbal Wani of Jammu & Kashmir and Ladakh High Court rejected the bail application of one Army Major who was booked by the Rajouri police in dowry death case. The facts emanating from the record would reveal that the petitioner herein is holding the post of Major in the Indian Army and came to be married to one Dr. Kavita (hereinafter referred as 'the Deceased') on 22.04.2023 under Hindu rites and customs, who died an un-natural death on 01.10.2023, which information came to be received by the Police Station, Rajouri on phone from one 150 GH Rajouri Army Hospital through Messenger Call vide No. 9805220002, whereupon the receipt of the said information, the same came to be entered into the daily diary under No. 19 dated 01.10.2023 and proceedings under Section 174 Cr. P. C. came to be commenced by the Police Agency and in the process, site plan came to be prepared and the custody of the dead body of the deceased taken over and post mortem conducted and thereafter the wearing apparels of the deceased as well came to be seized and after completing all necessary requisite formalities the dead body later was handed over to the Army Authorities under proper receipt. Besides, during the course of proceedings under Section 174 Cr.P.C., laptop and mobile of the deceased were also seized and it also got revealed that the deceased had died in her residential quarter, whereafter statement of mother of the deceased was also recorded besides other persons acquainted with the facts of the case and that during the course of post mortem Virsa of the deceased was obtained, which was submitted to FSL for its opinion and that the personal tab of the deceased was also seized, which contained a written suicide note of the deceased, which revealed that the death of the deceased was a case of dowry death and after taking cognizance of the aforesaid facts, as also the suicide note contained in the tablet of the deceased, the FIR (Supra) came to be registered against the petitioner herein and his parents for commission of offences under Sections 304-B/498-A/109 IPC. Justice Javed Iqbal Wani after hearing both the sides observed that Having regard to the gravity of the accusations levelled against the petitioner, inasmuch as the position of the petitioner being an army personnel/officer where there is every likelihood that the petitioner would intimidate the witnesses acquainted with the case directly or indirectly so as to dissuade them from disclosing facts to the trial court or may tamper with the prosecution evidence, it is deemed appropriate and desirable to decline the concession of bail to the petitioner. —JNF |
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