In dowry death cases, courts must exercise heightened vigilance, considering the broader societal impact and the specific link between cruelty and the death, often necessitating the denial of bail to ensure a fair, unimpeded trial.

Rakesh Kainthla, Judge

1. The petitioner has filed the present petition for seeking regular bail in FIR No. 128 of 2025, dated 21.04.2025, registered at Police Station Nalagarh, District Solan, H.P. for the commission of offences punishable under Sections 85 , 115 (2), 351(2), 80, 108, 61(2) read with Section 3(5) of Bhartiya Nayay Sanhita (BNS), 2023.

2. It has been asserted that the petitioner was falsely implicated in the present FIR. As per the prosecution, Neha (since deceased) was married to Sanjeev Kumar. Sanjeev Kumar and her parents-in-law treated her with cruelty. They harassed and beat her. She was forced to cook non-vegetarian food, even though she belonged to Sikhi Religion, where such food is prohibited. Sanjeev Kumar consumed liquor and harassed her. Neha committed suicide by consuming poison. The police registered the FIR and arrested Sanjeev Kumar, his father Karam Chand (petitioner), mother Tej Kaur, sister Anju, Manjeet and Uncle Ram Singh. Manjeet Kaur and Ram Singh have been enlarged on bail. The petitioner has been in judicial custody since 21.04.2025. The investigation is complete, and no fruitful purpose would be served by detaining the petitioner in custody. The petitioner has roots in society, and there is no chance of his absconding. The petitioner would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

3. The petition is opposed by filing a status report asserting that Neha (since deceased) was married to Sanjeev Kumar on 06.11.2024. Sanjeev Kumar, his parents and sisters used to harass Neha for bringing insufficient dowry. They would beat and harass her. She belongs to the Sikh religion but was compelled to cook non-vegetarian food and wear a nose pin. Neha’s neighbour called the informant’s father on 19.04.2025 and told him that Neha’s condition had deteriorated. Informant, his brother and father arrived on the spot and found Neha lying unconscious on the bed. The informant’s brother and father tried to take Neha to the Hospital, but Sanjeev Kumar, Karam Chand (present petitioner) and Tej Kaur quarrelled with them and tried to stop them. Neha was taken to the Parmar Hospital, Ropar, where it was found that she had consumed poison. She was taken to PGI, Chandigarh. The Police registered the F.I.R. and investigated the matter. Neha died on 23.04.2025. The police arrested the petitioner and the co-accused. Sanjeev Kumar revealed that Neha had consumed poison on 18.04.2025, and she was taken to Rana Hospital, Panjera. She was discharged on 19.04.2025. He got recovered, Hindol — an insecticide. The police recovered dowry articles and seized the record. The result of the analysis showed that Chlorpyrifos (Organophosphorus insecticide) was detected in the viscera. The Medical Board issued a final opinion that there was no negligence by the Doctor at Rana Hospital at Panjera. Manjeet Kaur, Anjana Kumari and Ram Singh were released on bail. No other case was registered against the petitioner. The charge sheet was filed before the Court on 19.07.2025, and a supplementary charge sheet was filed on 17.11.2025. The matter was listed before the learned Trial Court on 09.03.2026. Hence, the status report.

4. The informant also filed a reply/objection asserting that the present petition is not maintainable. The informant has filed CWP No. 8560 of 2025 for transferring the investigation to an independent agency. The contents of the F.I.R. were reproduced. It was asserted that the petitioner had a big role in th