Dowry death and bail cancellation
Querist :
Anonymous
(Querist) 26 April 2018
This query is : Resolved
I used to work in a Bank as Deputy Manager, I did arranged marriage on 23rd April 2017, we went to mauritius for honeymoon where while playing game on my wife's mobile a message came on whatsapp later I found that my wife has extra marital affair with not only one but 4 boys, they used to conspire her against my family and used to abuse me & my family she used to chat with boys while I asleep.
After reading these things about my wife cheating while being on honeymoon shattered me, I lost all respect & love I had for her.
She confessed that she didnt wanted to marry me but her father had forced her to marry me, I asked her father & he told he will kill those boys dont tell your parents.
Forgetting all this I took her with me to kolkata where I used to work. I and my wife used to live alone there.
On 26th Aug we went to watch movie and to visit many places, on 27th Aug we had an argument which grew bigger, as she never wanted to live with me and her father and her boyfriends were not ready to accept her anymore.
Out of frustration,short temper, anger and for taking revenge she committed suicide on 28.08.2017 while I was in office.
We never tortured her for dowry but her father lodged FIR against my whole family (father,mother,brother,married sisters,brother in laws) under sec304b, 498a,DP ACT 3&4.My family members have not seen her also after our marriage.
I lost my job and was jailed for nearly 2 months. I was never enquired properly by police what was the actual reason for her suicide they only believed the version of her father.
I am on bail right now but my father in law has put bail cancellation application in high court stating that I have brutally killed her daughter, but in post mortem report there ia not even a single scratch on her body.
Please help us as my father-in-law is having lot of contact with media and ministers which he is misusing.
I have proves to show my innocence but nobody is supporting.
Can my bail be cancelled before trail, can I get my job back?
Please help.
Regards
Siddharth Jain
(Expert) 26 April 2018
Bail is not a guarantee of complete freedom but it is a matter of conditional freedom. In the event of its violation, the court is quite competent to cancel it. Therefore the court, which has released a person on bail, has the authority to cancel the bail and direct the person to be arrested so as to put him into custody, if the court considers it is necessary. Such cancellation is done when the accused enlarged on bail engages in any activity in violation of the conditions stipulated in the order of bail.
Cancellation of bail is a very delicate legal issue. The legal grounds for cancellation of bail are intimidating the witnesses, tampering with the evidence and interfering with the course of justice.
Have you filed for quashing?
You can get in touch with me at isidjain1@gmail.com
Sudhir Kumar, Advocate
(Expert) 27 April 2018
Unortunate
when death is unnatural and withing 7 years of marriage it has to be premused to be dowry death and penalty is minimum 7 yeas jail.
it is you who have to prove that it is dowry death and police is not required to investigate further as long as they can prove that (i) death (ii)unnatural (iii) within 7 years of marriage.
Dr J C Vashista
(Expert) 27 April 2018
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