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SUPREME COURT OF INDIA
J.B.PARDIWALA, VIJAY BISHNOI, JJ.
Mahesh Chand – Appellant
Versus
State of Uttar Pradesh & Anr. – Respondents
Criminal Appeal No. 2270 of 2026 (@SLP (Crl.) No. 6716 of 2026)
Decided On : 30-04-2026
Criminal Procedure Code, 1973 – Section 439 [Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023] – Bharatiya Sakshya Adhiniyam, 2023 – Section 118 [Section 113(B) of Indian Evidence Act, 1872] – Grant of bail – Dowry offence – Case registered for offences punishable under Sections 85, 115(2), 352, 351(2) and 80 of Bharatiya Nyaya Sanhita, 2023 respectively and Sections 3 and 4 respectively of Dowry Prohibition Act, 1961 – Bail granted by High Court on the ground of delay in lodging FIR and cause of death being asphyxia – When bail is prayed for, High Court is expected to consider nature of crime and a prima facie case – Allegations levelled in FIR do disclose more than a prima facie case – Deceased died while at her matrimonial home within seven years of marriage – There are serious allegations of demand of dowry and incessant harassment caused to deceased – A young girl does not get married to be killed mercilessly at her matrimonial home for want of dowry – High Court committed egregious error in exercising its discretion in favour of accused more particularly having regard to serious nature of crime – Impugned order passed by High Court set aside and bail granted to respondent cancelled. (Paras 12, 15, 16, 21, 29 and 30)
Facts of the case:
Present appeal arises from order passed by High Court of Judicature at Allahabad dated 27.08.2025 in Criminal Miscellaneous Bail Application No. 14304 of 2025 by which bail application preferred by respondent no.2 before Court (original accused) (husband of deceased) came to be allowed.
Findings of Court:
Trial court shall not be influenced in any manner by any of observations made by this Court in this order and observations made by this Court shall not be construed as final expression of guilt of accused. They are only meant for the purpose of bail.
Result : Appeal allowed.
Key Points: - The High Court’s bail order was set aside due to serious allegations and the need to consider Section 118 BSA in bail decisions. (!) (!) - The Court emphasized that dowry death cases involve serious crime with allegations of dowry demand and harassment; bail should reflect nature of crime and prima facie case, not merely delay in FIR. (!) (!) (!) - The post mortem findings and ligature marks were highlighted to indicate possible strangulation and asphyxia, informing the seriousness of the offence. (!) (!) - The judgment cites social context and previous observations on dowry prohibition to condemn bail in such cases and to stress expeditious trial. (!) (!) (!) (!) - The Supreme Court remitted bail cancellation and directed trial to proceed expeditiously with a one-year completion goal. (!) (!) - The decision references the FIR timing, dowry-related harassment, and the need for caution so as not to undermine seriousness of dowry death. (!) (!) (!) - The appeal succeeds; the impugned High Court order granting bail is set aside, and bail is cancelled. (!) - Observations emphasize that a young married woman dying at matrimonial home requires careful consideration of dowry-related presumption under Section 118 BSA. (!)
ORDER :
1. Leave granted.
2. Mahatma Gandhiji once said, “Any young man who makes dowry a condition to marriage discredits his education and his country and dishonours womanhood.”
3. This appeal arises from the order passed by the High Court of Judicature at Allahabad dated 27.08.2025 in Criminal Miscellaneous Bail Application No. 14304 of 2025 by which the bail application preferred by the respondent no.2 before us (original accused) (husband of the deceased) came to be allowed.
4. We take notice of the fact that the respondent no.2 was married to the deceased. The marriage was solemnized on 08.02.2019. As per the case of the prosecution soon after marriage the husband and his family members started harassing the deceased for want of dowry.
5. On 11.07.2024 the deceased was found dead under suspicious circumstances at her matrimonial home.
6. In such circumstances, the father of the deceased lodged a First Information Report registered as case Crime No. 667 of 2024 dated 12.07.2024 with Kavi Nagar Police Station, District Ghaziabad, State of Uttar Pradesh. The First Information Report reads thus:-
However, the dowry given in the marriage was not satisfactory to my daughter's-in-laws. living in joint family including her husband Prince Chaudhary, mother-in-law, Beena Chaudhary, father-in-law Devendra Chaudhary, brothers-in-law Amar and Vishal Chaudhary, uncle Virendra Singh and aunt Neeta Chaudhary, and grandfather-in-law Balram Chaudhary. They started demanding an additional car (Fortuner), and cash of Rs. 10 lakh as additional dowry.
When the demand was not fulfilled they used to beat my daughter, abuse her, and subject her to physical and mental cruelty, keeping her hungry and thirsty. Many times my daughter and I expressed our inability to fulfill further dowry demands. They threatened that if their demand was not fulfilled, they would kill my daughter by hanging her.
The i20 car given in marriage got damaged in an accident, therefore they were demanding a Fortuner car. For the safety of my daughter and under pressure of dowry demand, I transferred Rs. 4 lakh from the bank accounts of my son Anoop Kumar and my second son-in-law Tarun Kumar to the bank account of uncle Virendra with their consent. I also gave cash of Rs. 5 lakh several times to the husband and in-laws, but even thereafter the harassment for dowry continued.
On 11.07.2024 at about 7:30 AM, I spoke to my daughter for one last time. She was very frightened and told me while crying that her in-laws were beating and harassing her for dowry for several days and threatening to kill her by strangling or hanging.
Thereafter, on 11.07.2024 at about 1:45 PM, uncle Virendra Informed my son Anoop Kumar on mobile number 9958266675 that since the dowry demand was not fulfilled. Prince, Amar and Prashant together strangled my daughter and hanged her, killing her, and told us to do whatever we could.
On receiving this information, I reached my daughter's in-laws' house with my family members but did not find her there. Neighbors informed that after killing my daughter, her in-laws had taken her to Sarvodaya Hospital, Ghaziabad. When I reached Sarvodaya Hospital, my daughter's dead body was found there. Injury marks were present on her neck and body, and none of her in-laws were present there.
Therefore, I have come to lodge this report. Kindly take legal action. Date: 12.07.2024
Signature:
Mahesh Chand
S/o Late Shri Ramchand
Resident of Village Udaipur, Police Station Jahangirpur, District Bulandshahr
Present address: House No. 74, Gali No. 8, Om Sai Garden, Chí
Bail – Where there are serious allegations of demand of dowry and incessant harassment caused to deceased, bail cannot be granted.
In applications for bail for serious offences such as dowry death, the court must carefully evaluate the nature of the crime and prima facie evidence against the accused, taking into account statutor....
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.
(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....
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....
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) Cruelty and dowry death – Presumption under Section 113-B of Evidence Act, 1872 comes into effect as soon as it stood proved that deceased had been subjected to cruelty soon before her death, and....
Delayed trial does not guarantee bail, especially in grave offenses; the seriousness of accusations necessitates cautious judicial scrutiny and timely prosecution.
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