In dowry death cases, the statutory presumption operates against the husband if death occurs shortly after marriage under unnatural circumstances; parity with in-laws is denied if specific evidence, such as a suicide video, directly implicates the husband.

Order on Board

1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 497/2025 registered at Police Station- Dindayal Upadhyaya Nagar, Raipur, District Raipur, (C.G.) for the offence punishable under Sections 80 , 3(5) of Bharatiya Nyaya Sanhita, 2023.

RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN

2. The prosecution story in brief, is that on 21.10.2025, the deceased, who was the wife of the present applicant, committed suicide by hanging herself in her matrimonial home. It is alleged that prior to her death, she had uploaded a video on her mobile phone wherein she made allegations that the applicant, along with other co-accused persons, used to harass her in connection with demand of dowry. The marriage between the deceased and the applicant was solemnized on 16.01.2025. Thereafter, the applicant was arrested in connection with the said incident. Hence, this bail application.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed any offence. It is further submitted that on 21.10.2025, an argument had taken place between the deceased and the applicant on a trivial issue relating to a TV remote, and thereafter, in an unfortunate turn of events, the deceased committed suicide, leaving the applicant and other family members in shock. It is also submitted that from the date of marriage i.e. 16.01.2025 till the date of the incident i.e. 21.10.2025, no complaint or report was ever made by the deceased before any authority alleging harassment or demand of dowry. It is further submitted that the statements of the witnesses have been recorded under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and there is no seizure of any material or article which substantiates the allegations made by the family members of the deceased. It is also contended that the deceased had frequent disputes with the applicant regarding living with the in-laws and her behavior towards them was not cordial since the marriage. It is submitted that the co-accused persons have already been enlarged on bail by this Hon’ble Court in M.Cr.C. No. 2820/2026 vide order dated 25.03.2026 and in M.Cr.C. No. 2328/2026 vide order dated 12.03.2026. It is further submitted that the applicant is in jail since 24.10.2025, he has no previous criminal antecedents, the charge-sheet has been submitted before the competent Court, and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicant.

4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge-sheet has been submitted before the competent Court. He also submits that the marriage between the deceased and the present applicant was solemnized on 16.01.2025, and within a short span of time, i.e., on 21.10.2025, the deceased committed suicide in her matrimonial home under unnatural circumstances. It is further submitted that prior to her death, the deceased had recorded/uploaded a video on her mobile phone wherein she has specifically alleged that the applicant, along with other co-accused persons, used to harass her in connection with demand of dowry, which clearly indicates continuous cruelty and harassment meted out to her. It is contended that such material evidence, coupl