JAMMU: Additional Sessions Judge Jammu Tahir Khurshid Raina on Monday rejected the bail application of Police Inspector Vivek Bassan who was challaned by the CBI in dowry death case.
The brief conspectus of the prosecution case against the accused-applicant as put in the charge sheet is that after solemnisation of marriage between accused and deceased in the year 2014 the accused started committing atrocities on his wife by making demands of dowry items, like beds, replacement of LED TV and cash amount of Rs. 10 lakh. He had also developed extra marital relations. Finally he killed her wife by his service pistol on February 26, 2018 at her matrimonial home. The presence of accused and deceased at the time of occurrence is established. After commission of offence, police instead of registering an FIR against the accused and investigating the case fairly, ensued un-warranted inquest proceedings in the case. After letting the incriminating material go waste or failed to seize, recover and preserve them promptly and properly and just as a cover up, police registered an FIR vide No 85 /2018 under Section 498-A and 304-B RPC and Section 30 Arms Act on May 18, 2018, after inordinate delay of two months of the occurrence.
During this whole exercise, whatever was done in the name of investigation by the police, was an eye wash, being done to ensure the let off of the accused than to held him guilty for the commission of serious offences. Aggrieved by this uncalled for conduct of the I.O, and the sham investigation done by him in such a serious and sensitive matter, the father of the deceased, Rattan Lal approached High Court, sought transfer of the investigation from police to CBI, alleging an intentional attempt of police to bury the case under the influence of the accused who is a police Inspector and was serving in the Chief Minister’s security. On January 28, 2019 High Court, while specifically observing the attempt of I.O and other police officers to shield the accused in the case, transferred the investigation of the case to CBI. On its fresh investigation, accused stand charge- sheeted for commission of offences under Section 304-B, 498-A RPC and under Section 7/27 Arms Act.
The court observed that as per the charge sheet, the investigation done by the police was a sham exercise, palpably unfair viz-a-viz role of I.O and the ballistic expert is concerned, which amounts to commission of crime in itself for which a separate charge sheet is expected to be filed against the aforesaid officials by the CBI as stated by its counsel.
After hearing Public Prosecutor for the CBI Vijay Dogra whereas Advocate Ved Bhushan for the applicant, court observed that there appears reasonable grounds to believe that accused has committed the alleged serious offence like dowry death, which is burgeoning in our society, do not entitle him for grant of bail at this stage, especially, when incriminating facts alleged are tested on the touchstone of law relating to bail as discussed above and rejected the bail application.