J. B. PARDIWALA, VIJAY BISHNOI
Mahesh Chand – Appellant
Versus
State of Uttar Pradesh – Respondent
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:-
Bail – Where there are serious allegations of demand of dowry and incessant harassment caused to deceased, bail cannot be granted.
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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