2025 Supreme(SC) 1981

SUPREME COURT OF INDIA
B.V. NAGARATHNA, R. MAHADEVAN, JJ.
Yogendra Pal Singh – Appellant
Versus
Raghvendra Singh Alias Prince And Another – Respondent
Criminal Appeal No. of 2025 (Arising out of SLP (Crl.) No. 8075 of 2025)
Decided On : 28-11-2025

IMPORTANT POINTS
(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 perpetuates systemic oppression and subjugation of women – Offence of dowry death transcends private sphere of family and assumes character of a grave social crime.

Headnote:

(A) Criminal Procedure Code, 1973 – Section 439(2) [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483(3)] – Indian Evidence Act, 1872 – Section 113B – Grant of bail – Petition for cancellation – Case registered for offences under Sections 498A, 304B, and 328 of Indian Penal Code, 1860 read with Sections 3 and 4 of Dowry Prohibition Act, 1961 – Appellant’s daughter died within four months of her marriage, in highly suspicious circumstances by allegedly consuming poison – Accused persons persistently demanded additional dowry and subjected deceased to mental and physical torture – Appellant, being father of deceased, is an aggrieved person and possesses requisite locus standi to maintain present appeal seeking cancellation of bail granted to Respondent, husband of deceased lady – Cause of death cannot be conclusively ascertained at this stage and is to be determined by Trial Court during course of trial – Statements of witnesses recorded under Section 161 Cr.P.C. prima facie indicate that deceased was subjected to persistent dowry demands and cruelty at hands of accused – Disclosure made by deceased constitutes dying declaration of high evidentiary value, corroborated by other witnesses – Section 113B of Evidence Act mandates presumption of dowry death once such foundational facts are established – Present case squarely falls within category of annulment of bail – High Court’s omission to consider gravity of offence, corroborated dying declarations and post-mortem evidence renders impugned order perverse and unsustainable – Bail orders passed in disregard of material evidence or settled principles are liable to be set aside. (Paras 10, 10.3, 13, 14, 19 and 22)

(B) Indian Penal Code, 1860 – Sections 498A, 304B, and 328 read with Sections 3 and 4 of Dowry Prohibition Act, 1961 – Criminal Procedure Code, 1973 – Section 439(2) [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483(3)] – Grant of bail – Petition for cancellation – Dowry death is not merely an offence against an individual but a crime against society at large – Permitting accused to remain at large in face of such material would erode deterrent object of Sections 304B and 498A IPC – Impugned order of High Court is liable to be set aside, and bail granted to Respondent deserves to be annulled – Social evil of dowry not only corrodes sanctity of marriage but also perpetuates systemic oppression and subjugation of women – When such demands transgress bounds of reason and culminate in cruelty or worse, in untimely death of a young bride, offence transcends private sphere of family and assumes character of a grave social crime – It ceases to remain a mere personal tragedy and becomes an affront to collective conscience of society – Judicial passivity or misplaced leniency in face of such atrocities would only embolden perpetrators and undermine public confidence in administration of justice – Firm and deterrent judicial response is imperative not only to uphold majesty of law and do justice in present case, but also to send an unequivocal message that neither law nor society will countenance barbarities born out of evil of dowry – Impugned order of High Court set aside and bail granted to Respondent cancelled. (Paras 23, 24, 25.1, 25.3 and 26)

Facts of the case:

Challenge in present appeal is to judgment and order dated 09.01.20251 passed by High Court of Judicature at Allahabad in Criminal Misc. Bail Application No. 7768 of 2024, whereby High Court granted bail to Respondent No. l / accused, in connection with Case Crime No. 415 of 2023 registered at Police Station Kotwali, District Fatehpur, Uttar Pradesh, for offences punishable under Sections 498A, 304B, and 328 of Indian Penal Code, 18603 read with Sections 3 and 4 of Dowry Prohibition Act, 1961.

Findings of Court:

Bail granted to Respondent No. 1 is hereby cancelled, and he is directed to surrender to custody forthwith, failing which, the concerned authorities shall take him into custody immediately. This judgment is confined to issue of cancellation of bail, and trial shall proceed independently, on its own merits, and strictly in accordance with law.

Result : Criminal Appeal allowed.