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SUPREME COURT OF INDIA
PRASHANT KUMAR MISHRA, N.V. ANJARIA, JJ.
Abhijit Pandey – Appellant
Versus
The State of Madhya Pradesh And Another – Respondents
Criminal Appeal No. 446 of 2026 (Arising out of S.L.P. (Criminal) No.16817 of 2025)
Decided On : 23-01-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483 – Regular bail application – Charge-sheet has been filed for offences punishable under Sections 108 and 80 of BNS and Sections 3 and 4 of Dowry Prohibition Act – FIR was registered for offence concerning abetment to commit suicide and deceased had not sustained any such injury which can be said to be cause of her death – Prima facie it is found that she died of Anaesthesia – Deceased herself was an Anaesthetist and allegation of demand of money/dowry was not made in first instance but was made in subsequent case diary statements – Appellant is not a hardened criminal – Impugned order passed by High Court set aside and bail granted. (Paras 15 and 17)
Facts of the case:
Appellant is challenging the order dated 06.10.2025 passed by High Court of Madhya Pradesh in Misc. Criminal Case No.22396 of 2025 whereby the High Court has rejected his regular bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with FIR registered for offence punishable under Section 108 of Bharatiya Nyaya Sanhita, 2023. However, subsequently, charge-sheet has been filed for offences punishable under Sections 108 and 80 of BNS and Sections 3 and 4 of Dowry Prohibition Act.
Findings of Court:
Observations made in this judgment are only for the purposes of considering the prayer of the appellant for grant of regular bail. None of the observations made herein shall have a bearing on the main trial. The Trial Court shall decide the case on its merits and in accordance with law. All contentions of the parties on merits are left open.
Result : Appeal allowed. Bail granted.
The judgment primarily concerns the grant of bail to the appellant in a case involving the death of the deceased, who was initially suspected to have committed suicide. The Court examined whether the appellant, accused of offences including abetment to suicide and other charges under relevant laws, should be released on bail. It was noted that the appellant, a practicing dentist, was not considered a hardened criminal and had been in custody since March 2025, with the charge-sheet filed subsequently. The Court observed that the deceased’s death was found to be caused by an anesthetic agent, which she was qualified to administer as an anesthetist, and that there was no immediate evidence of physical assault or demand for dowry in the initial case diary statements. The Court also highlighted that the allegations of demand for dowry or money emerged later and that the evidence did not conclusively establish the appellant’s involvement in abetment or murder. Based on these considerations, the Court allowed the appeal, set aside the order of the High Court rejecting bail, and directed the appellant’s release on bail with appropriate conditions. The Court clarified that the observations made were solely for the purpose of deciding the bail application and should not influence the main trial, which must be conducted independently and on its merits.
JUDGMENT
PRASHANT KUMAR MISHRA, J.
1. Leave granted.
2. In the instant Appeal, the appellant is challenging the order dated 06.10.2025 passed by the High Court of Madhya Pradesh in Misc. Criminal Case No.22396 of 2025 whereby the High Court has rejected his regular bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with FIR/Crime No.105/2025 registered at Police Station – Shahpura, District – Bhopal, Madhya Pradesh, for the offence punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’). However, subsequently, a charge-sheet has been filed for the offences punishable under Sections 108 and 80 of the BNS and Sections 3 and 4 of the Dowry Prohibition Act.
3. The appellant, a dentist, was running a clinic at M.P. Nagar, Bhopal, Madhya Pradesh, where he came in contact with the deceased-Dr. Richa Pandey. After one and a half years of relationship, they got married on 04.12.2024 and started their matrimonial life while residing at House No.16, Sky Dream Colony, Bhopal. The deceased died on 21.03.2025 which was initially termed as suicide, but subsequently, a charge-sheet was filed for the offences punishable under Sections 108 and 80(2) of the BNS and Sections 3 and 4 of the Dowry Prohibition Act. The Special Judge (O.A.W.)/Fifth Additional Sessions Judge, Bhopal, Madhya Pradesh, vide its order dated 07.07.2025 framed charges under Sections 108 and 80(2) of the BNS and, in the alternative, under Sections 103 and 85 of the BNS and Sections 3 and 4 of the Dowry Prohibition Act.
4. In the impugned order, the High Court has noted the submissions made by the learned counsel for the parties in paragraphs 1 to 4 and, thereafter, rejected the appellant's petition for regular bail by observing that looking to the overall facts and circumstances of the case and seriousness of offence, the prayer for bail is declined.
5. According to the appellant, when on the morning of 21.03.2025 the deceased did not come out of her room, the appellant got worried and knocked on the door and called her several times but the door was locked from inside which was ultimately broken and the appellant entered the room in the presence of some individuals who were present with the appellant when the door was broken. The appellant found his wife lying on the bed in an unresponsive state. There were needle pricks on the left hand of the deceased. The local Police was informed, and the family members and relatives of the deceased were also informed. She was taken to the hospital in the presence and in the car belonging to the uncle and aunt of the deceased. Upon reaching the hospital, she was declared dead.
6. FIR dated 24.03.2025 was registered against the appellant alleging that he was in a relationship with another woman, namely Mahi which led the deceased to commit suicide by poisoning. The appellant was arrested on 25.03.2025 and since then he is in custody. The charge-sheet has been filed on 05.06.2025 and the charges have been framed on 07.07.2025.
7. Shri Vivek K. Tankha, learned senior counsel appearing for the appellant, would submit that the present case is an unfortunate case of commission of suicide by the deceased as she was suspecting an extra-marital relation of the appellant with one woman, namely Mahi, who was working in his clinic. He would submit that there is absolutely no material which would amount to abetment of committing suicide. It is also submitted that there is no material either to prima facie conclude that the appellant is guilty of committing murder or dowry death of the deceased. He would submit that in the FIR and in the initial case diary statements of the witnesses, there was no allegation of demand of money/dowry, which has come in the subsequent statements of the said witnesses by way of improvement. It is also submitted that the appellant, who is a dentist by profession, is not a hardened criminal; therefore, once the charge-sheet has been filed, there
Bail – Regular bail can be granted where accused is not a hardened criminal.
In dowry death cases, sufficient scrutiny must be applied by courts when granting bail, particularly considering post-mortem evidence and societal implications.
The court emphasized the applicant's burden to provide a satisfactory explanation for the circumstances of the deceased's death, given the serious nature of the charges.
The court emphasized the necessity of a fair investigation and found insufficient evidence to deny bail, allowing the petitioner to be released under specific conditions.
Bail granted despite dowry allegations due to lack of prior criminal history and circumstances of the case.
The court established that allegations of dowry death require clear and specific evidence of harassment and cruelty, and the absence of such evidence can lead to the granting of bail.
Rejection of Bail – Dowry death – Abatement of suicide – Death within seven years of marriage – Adverse presumption – Aspect of the deceased suffering from depression that is sought to be brought for....
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