When Justice Hangs in the Balance: The Tale of a Young Bride's Tragic Demise and the Quest for Bail
Currently, a young bride of 20, within three months of her marriage, has died
under circumstances that, upon initial examination, seem to rule out the
possibility of a natural death. Evidently, the applicant was present with her at
this critical time. Therefore, according to the legislative intent expressed by
the Criminal Law (Second Amendment) Act, particularly the introduction of
Section 113-A, it is not an appropriate stage to assert that there are no
reasonable grounds to believe that the accused has committed an offense
punishable with death or life imprisonment.
All that can be stated at present is that, having heard the counsel for both
parties at length and after examining the investigating agency's report, the
High Court is not inclined to grant bail under Section 439 of the Indian Penal
Code (IPC).
However, this will not prevent the applicant from making another attempt
immediately after the charge sheet is filed. If the documents produced in court
reveal something beneficial for the accused, he should not be disadvantaged by
this order of the Court. With these observations, the bail application is
rejected.
On the grounds that the co-accused, who was bailed out, lives far from the
incident site, bail may not be granted. Where a specific allegation has been
made, bail cannot be granted.
Where the deceased was beaten and her head was banged against the wall, it was
held that at this stage, evidence cannot be scrutinized. Bail cannot be granted.
The refusal of bail to the accused of serious offenses was not punitive, as seen
in Sandeep Ahooja vs. State of MP (1988) 1 MPWN 126.
Please note that while I've made the text grammatically correct, the legal
content and implications remain unchanged and should be reviewed by a legal
professional.
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