In cases of dowry-related suicide occurring shortly after marriage, the judiciary must exercise heightened vigilance and caution when considering bail, prioritizing the gravity of the offence, the likelihood of witness intimidation, and the impact on society over the individual's right to pre-trial release.

JUDGMENT :

SWARANA KANTA SHARMA, J.

1. By way of the present application, the applicant is seeking grant of regular bail in case arising out of FIR bearing no. 573/2024, registered at Police Station Vivek Vihar, Delhi, for the commission of offences punishable under Sections 80(2)/85/3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereafter ‘BNS’).

2. Briefly stated, the facts of the present case are that a PCR call vide DD no. 12 was received at P.S. Vivek Vihar, Delhi, wherein the caller had informed that his daughter-in-law had committed suicide by hanging. Upon reaching the spot, the police officials had found that the deceased had committed suicide by hanging and that her husband and brother-in-law had taken down her body and placed it on the bed. The Crime Team and FSL Team had inspected the spot. The parents of the deceased, who are residents of District Lakhimpur Khiri, Uttar Pradesh, were informed about the incident. The concerned SDM was also intimated. On 01.12.2024, the post-mortem examination of the deceased was conducted. The statement of the father of the deceased was thereafter recorded by the SDM concerned. In his statement, the complainant informed the SDM that the deceased was married to co-accused Deepak Kumar on 11.04.2024 and that a sufficient amount had been spent on their marriage. However, according to the complainant, the husband and in-laws of the deceased had continued to demand further dowry and had subjected the deceased to physical and mental harassment. It was also alleged that on 29.11.2024, the deceased had informed her brother about the harassment being caused to her. On the basis of these allegations, the present FIR came to be registered.

3. During investigation, it was found that the husband of the deceased was a minor and he was apprehended on 01.12.2024. The statements of witnesses were recorded under Section 180 of the BNSS. The school records had revealed that both the deceased and her husband were minors at the time of marriage, which had been solemnized in Village Nayanpurva, District Lakhimpur Khiri, Uttar Pradesh. The complainant had also produced a USB drive, containing call recordings of conversations between the deceased and her brother dated 29.11.2024, i.e., shortly before the deceased had committed suicide, which was seized during investigation. In the said audio recording, the deceased is heard telling her brother that her husband/co-accused had been using abusive and threatening language against her and had threatened to parade her naked on the street and forcibly tear her clothes, including her petticoat. She further stated that when she had attempted to prevent him from throwing away her clothes, he had gone near the outer gate of the house and had again started abusing her while reiterating his threat to parade her naked in the street. She had also alleged that he used filthy and derogatory language against her. Thereafter, present accused Ayodhya Devi, i.e., the mother-in-law of the deceased, and the co-accused father-in-law were also arrested. The father, mother, brother and bua of the deceased had also given statements alleging that the deceased had been threatened and harassed on account of non-fulfilment of a demand of Rs. 3 lakhs. Upon completion of investigation, the chargesheet was filed.

4. The learned counsel appearing on behalf of the applicant, Ayodhya Devi, argues that the prosecution itself is relying upon an audio recording of a conversation between the deceased and her brother, recorded approximately one hour prior to the incident. It is c