In a recent development, Hon’ble High Court of Delhi granted regular bail to Bhuvan Sharma in a case that has garnered significant attention. The case, bearing the reference number BAIL APPLN. 1479/2023, involved charges under Sections 498A, 304B, 306, 406, and 34 of the Indian Penal Code, 1860 (IPC). The bail application was heard by Honorable Mr. Justice Amit Sharma.
Background
The case originated from an FIR (First Information Report) registered on July 16, 2021, based on a complaint filed by Sh. Ram Gopal Sharma, the father of the deceased, Komal Sharma. Komal Sharma was married to Bhuvan Sharma on November 30, 2020. The complaint alleged that the couple had frequent disputes, and the deceased was subjected to harassment by her in-laws.
According to the complaint, on the day before the tragic incident, Komal Sharma visited her parental home and expressed her reluctance to return to her matrimonial home.
On July 16, 2021, Richa, Komal’s sister-in-law, informed the complainant that Komal was unwell. Tragically, upon reaching her sister’s house, the complainant discovered that Komal had hanged herself using a chunni tied to a ceiling fan and had passed away. The post-mortem report, dated July 16, 2021, attributed the cause of death to “asphyxia caused by hanging,” indicating that the manner of death appeared to be “suicidal.”
Legal Proceedings
Bhuvan Sharma was arrested on July 18, 2021, but he was subsequently released on bail on the same day. On August 21, 2021, a list of articles/stridhan belonging to the deceased was obtained and later admitted by the applicant on August 25, 2021. However, he was rearrested on September 29, 2022.
The case took a significant turn on October 25, 2021, when supplementary statements were recorded under Section 161 of the CrPC (Criminal Procedure Code) by the family members of the deceased. In these statements, they made specific allegations against Bhuvan Sharma and other members of his family, accusing them of dowry harassment. The family members alleged demands for Rs. 1 crore, a car, jewelry, and frequent taunts, which they claimed forced Komal Sharma to take her own life. These allegations led to the addition of Sections 304B and 406 of the IPC in the FIR.
On December 21, 2022, a chargesheet was filed in the case against Bhuvan Sharma and other accused persons, framing charges under Sections 498A, 304B, 306, 406, and 34 of the IPC. Formal charges were subsequently framed on August 1, 2023.
Bail Application
During the bail hearing, Senior Counsel for Bhuvan Sharma argued that the deceased and the applicant had known each other since childhood, having attended the same school. They emphasized that the families of the deceased and the applicant had cordial relations for many years and resided in close proximity, often visiting each other. The defense also noted that the marriage between Bhuvan Sharma and Komal Sharma was a love marriage but not approved of by the deceased’s parents.
It was pointed out that the initial complaint filed by the deceased’s father on July 16, 2021, did not mention any dowry demands or harassment by the applicant or his family members. The defense argued that Bhuvan Sharma had been arrested on July 18, 2021, and granted bail on the same day. They further highlighted that an application for the cancellation of bail, filed by the complainant, was withdrawn on August 17, 2021. The defense contended that despite various social media posts and media interviews by the deceased’s family, no allegations of dowry demands were made in these public statements. The applicant was re-arrested on September 29, 2022, after a statement made by the mother of the deceased on October 25, 2021, alleging dowry demands for the first time after a three-month gap from the registration of the FIR.
Court’s Decision
After considering the arguments presented by both sides, Honorable Mr. Justice Amit Sharma granted regular bail to Bhuvan Sharma. The court directed the applicant to furnish a personal bond of Rs. 50,000/- with one surety of the same amount. Several conditions were imposed, including restrictions on leaving India without prior permission from the court, updating the court and the Investigating Officer about any change in residential address, and cooperating with court appearances and the investigation process. The court also instructed the applicant to provide his mobile number to the Investigating Officer and keep it operational at all times. Finally, the court prohibited any tampering with evidence or attempts to influence witnesses.
Conclusion
The granting of regular bail to Bhuvan Sharma in the high-profile case of FIR No. 614/2021 has sparked discussions about the veracity of the allegations and the role of dowry harassment in the tragic incident. The court’s decision, based on the arguments presented, highlights the importance of a thorough investigation and due legal process. The case will proceed to trial, where the veracity of the allegations will be examined in detail.
