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SUPREME COURT OF INDIA
BELA M. TRIVEDI, SATISH CHANDRA SHARMA, JJ.
Fulwasua Kushwaha – Appellant
Versus
The State of Madhya Pradesh – Respondent
Criminal Appeal No. 31 of 2025 (Arising out of SLP(Criminal) No. 15009 of 2024)
Decided On : 03-01-2025
ORDER
1. Leave granted.
2. The present appeal is filed challenging the impugned judgment and order dated 15.10.2024 passed by the High Court of Madhya Pradesh at Jabalpur in Misc Criminal Case No. 40358 of 2024, whereby the High Court had rejected the said first bail application filed by the present appellant in connection with Crime No. 438/2024 registered at P.S.Amiliya, District-Sidhi (M.P.), for the offence punishable under Sections 498-A, 304-B and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
3. Heard learned counsel for the parties and perused the relevant material on record.
4. It appears that in the instant case, on the basis of the receipt of the information that the death had occurred due to consumption of poison in an unnatural and suspicious condition within seven years of the marriage of the deceased, an F.I.R. was registered by Mr. Ashutosh Dwivedi, who was posted as SDOP in Churhat Section, District Sidhi.
5. It also appears that the allegations made by the mother of the deceased in her statement on record, are general allegations of demands of dowry. Having regard to the overall facts and circumstances of the case and also having regard to the fact that the appellant is a lady, who has undergone more than three months of incarceration as on the date (approximately), we are inclined to accept the present appeal.
6. Accordingly, we direct that the appellant shall be released on bail in connection with Crime No. 438/2024 registered at P.S.-Amiliya, District-Sidhi (M.P.), subject to appropriate terms and conditions that may be imposed by the Trial Court.
7. It goes without saying that the respondent(s) shall be at liberty to file appropriate application seeking cancellation of bail in case any of the conditions, that may be imposed by the Trial Court, are violated or breached by the appellant.
8. Accordingly, the appeal is allowed.
9. Pending application(s), if any, stands disposed of.
Bail can be granted considering the duration of incarceration and circumstances surrounding the case, especially when the accused is a woman.
In dowry death cases, sufficient scrutiny must be applied by courts when granting bail, particularly considering post-mortem evidence and societal implications.
The court underscored the need to consider the serious nature of dowry death allegations when determining bail, emphasizing legal presumptions of guilt under relevant statutes.
The High Court while granting bail must apply its mind to the relevant facts and circumstances as well to the provisions of the law.
(1) Dowry death – Bail orders passed in disregard of material evidence or settled principles are liable to be set aside.(2) Social evil of dowry not only corrodes sanctity of marriage but also perpet....
The court has the discretion to grant bail to the accused, considering the facts and circumstances of the case, without commenting on the merits of the case.
The court's decision highlighted the importance of considering the nature and gravity of the accusation, as well as the circumstances of the case, in granting bail. It also emphasized the need to imp....
Grant of bail – Dowry death – Courts are duty bound to undertake deeper scrutiny of circumstances under which bail is granted in these case – Superficial application of bail parameters not only under....
In dowry death cases, the burden of proof shifts to the accused if prima facie evidence of cruelty or harassment is established within seven years of marriage.
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