The court emphasized the necessity of a proximate link between alleged harassment for dowry and the subsequent death, rejecting bail on grounds of serious accusations under the Bharatiya Nyaya Sanhita.

JUDGMENT :

DR. NEELA GOKHALE, J.

1. By this Application, the Applicant seeks her enlargement on bail in connection with FIR No. 242 of 2025 dated 22^nd June 2025 registered with the Yeola Taluka Police Station, Nashik Rural for the offences punishable under Sections 80 (2), 108 and 85 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’).

2. The First Informant is the uncle of the deceased-Sonali. The case of the prosecution, as discerned from the statement of the First Informant, is that the deceased and the Applicant’s son, Amol Kalu Chavan, were married on 26^th April 2024 as per Hindu rites and rituals. In 2021, the deceased’s father passed away. It is alleged by the First Informant that Sonali’s parents had given all the necessary utensils, household articles and jewellery, as demanded by the Applicant’s family, at the time of her marriage. After a few days of the marriage, the deceased confided in the First Informant that the Applicant and her son, i.e, the deceased’s husband, had started treating her with cruelty and they were continuously demanding money for purchasing a car and agricultural land from her. She tried to tell them that it is not possible, as her father had expired and her family had already given her whatever they could at the time of her marriage. In addition to the First Informant (Uncle of the deceased), she had also confided in her brother, sister-in-law as well as her cousin namely, Bharatbhau, about the harassment meted out to her. She had also shared with them that the Applicant and her son had refused to take her to hospital when she was unwell. On the contrary, they continued their demand for money for purchasing a car and agricultural land. On 18^th January 2025, the deceased delievered a baby girl. The deceased had come to her maternal house for the delivery. Thereafter, in February 2025, her in-laws, i.e., the Applicant and her son took her back to the matrimonial home. Thereafter, on account of the death of Sonali’s grand-father, she again came to her maternal house and was there till the final rites of her grand-father were performed. Thereafter, she again returned to her matrimonial home.

3. On 20^th June 2025, at around 4.00 a.m., the First Informant received a phone call from Sonali’s husband (Accused No.1) that Sonali was missing and was not found in her room. The First Informant and some family members rushed to her matrimonial house and joined the search for Sonali. She was not found anywhere. They also sent a diver in the well, behind Sonali’s matrimonial house, to look for her but, she was not found anywhere. After a period of 2 days, her body was found floating on the surface of the well. The Post- mortem report records the cause of Sonali's death as “Post mortem findings consistent with death due to drowning, evidence of head inury noted”. Thus, the FIR against the Applicant and her son was registered and they were arrested.

4. The Applicant filed an application seeking bail before the Additional Sessions Judge, Yeola. However, by order dated 3^rd November 2025, her bail application was rejected. Hence, the Applicant is before this Court for the reliefs as prayed.

5. Mr. Sanjay Shinde, learned counsel appearing for the Applicant, submits that Section 80 of the BNS provides that for the offence to be categorized as ‘Dowry Death’, it has to be shown that ‘soon before her death’, the deceased was subjected to cruelty or harassment by her husband or any relatives of her husband. He submits that the deceased Sonali was in her maternal home for 13 days on account of her grand-father’s death