Suspicion of Affair Not Enough for Dowry Suicide Abetment: Delhi HC

Suspicion of Affair Not Enough for Dowry Suicide Abetment: Delhi HC

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, related to an FIR under Sections 498A, 304B, and 34 IPC. The deceased, Shivani Singh, was found hanging within five years of marriage. The prosecution alleged physical abuse, dowry pressure regarding car EMIs, and an extramarital affair. The court applied the test from Rajinder Singh v. State of Punjab for Section 304B IPC and found the dowry link inconclusive: there were no complaints by the deceased, EMIs were paid by the applicant, and video evidence was over a year old. On Section 306 IPC, the court, relying on K.V. Prakash Babu and Parul, ruled that mere suspicion of an extramarital affair isn’t enough to prove cruelty or abetment unless linked directly to harassment. Since key evidentiary thresholds weren’t met, the court granted bail, subject to conditions including a personal bond, non-interference with evidence or witnesses, and regular court appearances.

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