Serious Allegations of Dowry Harassment, Physical and Sexual Abuse Lead to Rejection of Bail Application
In a significant ruling, the Gujarat High Court has rejected the anticipatory bail application of Karan Daljit Gambhir, who is facing grave allegations of physical, sexual, and mental abuse, along with dowry harassment, as per the FIR lodged by his wife. The court underscored the necessity for custodial interrogation due to the seriousness of the alleged offenses and the presence of prima facie evidence.
The case, titled Karan Daljit Gambhir v. State of Gujarat, involves accusations against Gambhir and his parents of misleading the complainant into marriage with false assurances and subsequently subjecting her to various forms of abuse. The FIR details incidents of physical assault, demands for dowry, and allegations of unnatural sex, which led the complainant to be expelled from her matrimonial home.
Presided over by Justice Divyesh A. Joshi, the court highlighted that the allegations are not typical of standard matrimonial disputes and require thorough investigation. The judgment emphasized the modern legal understanding of bodily autonomy within marriage, stating that non-consensual acts, including unnatural sex, contribute to severe physical and emotional trauma.
The defense, led by Senior Advocate Mr. Yatin Oza, argued that the FIR was delayed and the allegations were unfounded, suggesting they were a retaliatory measure following a divorce petition filed by Gambhir. The defense also pointed out the lack of specific evidence and highlighted Gambhir's cooperation with the investigation. However, these arguments were not found compelling enough to grant bail.
Conversely, the prosecution, represented by Mr. Jal Unwalla, highlighted the severity of the offenses and the necessity for custodial interrogation to recover critical evidence, including WhatsApp communications and other materials. The prosecution further argued that the accused's behavior indicated a pattern, given similar allegations by Gambhir's first wife.
The court, referencing principles from established Supreme Court judgments, reiterated that anticipatory bail must consider the gravity of the offense, potential societal impact, and the need for a thorough investigation. It concluded that granting bail at this stage could impede the investigation and the recovery of crucial evidence.
Bottom Line:
Anticipatory bail application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) - Grave allegations of physical, sexual, mental abuse, and dowry harassment against husband and his parents - Court emphasizes that custodial interrogation is necessary due to seriousness of the alleged offences and prima facie evidence.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482, Indian Evidence Act Section 65-B, Cr.P.C. Section 438
Karan Daljit Gambhir v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2838097
