In cases of unnatural death shortly after marriage where prima facie evidence of dowry demands and ante-mortem injuries exists, the gravity of the offence outweighs the absence of criminal antecedents in determining bail eligibility.

Order on Board

1. This is the first bail application filed under Section 483 of Bhartiya Nagrika Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.15/2026 registered at Police Station – Gudiyari, District- Raipur (C.G.) for the offence punishable under Section 80(2) of BNS 2023.

2. That, as per the prosecution case, on 15.01.2026 a Zero FIR was registered at Police Station Gudiyari, Raipur, on the oral complaint of the father of the deceased, alleging that the deceased was married to the present applicant on 21.05.2023 and was subjected to continuous cruelty, harassment and physical assault on account of dowry demand of Rs. 5 lakhs. It is alleged that the applicant persistently beat and threatened the deceased, and despite earlier intervention by the complainant and relatives, the harassment continued. On 01.11.2025, the deceased was reported to be seriously ill, and on 02.11.2025, the complainant was informed about her death under suspicious circumstances. On the basis of these allegations, the Zero FIR was subsequently transferred and registered as Crime No. 15/2026 for the offence punishable under Section 80(2) of the Bharatiya Nyay Sanhita, 2023 , and investigation was initiated.

3. Learned counsel for the applicant submits that the applicant is a small vendor selling momos and his marriage with the deceased was solemnized in the year 2023, and he has been falsely implicated in the present case. It is argued that the FIR has been lodged after an inordinate delay of about 75 days, reflecting mala fide intention, and that the deceased committed suicide for reasons best known to her, as she was suffering from ailments and, except for a prior incident of a slap, no cruelty is established. It is further submitted that even the injuries noted in the postmortem report are consistent with death by hanging, and no independent witness, including neighbours, has supported the prosecution case. It is also contended that the applicant had cordial relations with the deceased, is in custody since 31.03.2026, Therefore, it is prayed that the applicant may be enlarged on bail.

4. Per contra, learned counsel for the State has opposed the bail application and submits that the allegations against the applicant are grave in nature and relate to cruelty and persistent demand of Rs. 5 lakhs as dowry, which ultimately led to the unnatural death of the deceased within a short span of marriage. It is contended that prior to the incident there were frequent quarrels between the applicant and the deceased, and the applicant had also assaulted her. It is further submitted that the ante-mortem injuries found on the body of the deceased indicate that she was subjected to continuous torture and harassment, which compelled her to commit suicide, though the cause of death is hanging. Learned State counsel submits that the material collected during investigation, including statements of witnesses, prima facie establishes the involvement of the applicant, and the delay in lodging the FIR has been satisfactorily explained. Hence, he is not entitled to be released on bail.

5. I have heard learned counsel for the parties and perused the case diary.

6. Considering the rival submissions of learned counsel for the parties, the nature and gravity of the allegations and the material available on record, this Court finds that the deceased died under unnatural circumstances within a short span of marriage and there are specific allegatio