The court underscored the need to consider the serious nature of dowry death allegations when determining bail, emphasizing legal presumptions of guilt under relevant statutes.

ORDER

1. Exemption applications are allowed.

2. Leave granted.

3. This appeal arises from the order passed by the High Court of Allahabad dated 10.10.2025 in Criminal Miscellaneous Bail Application No.8097/2025 by which the bail application preferred by the respondent no.2 - original accused (husband of the deceased) came to be allowed and the accused was ordered to be released on bail in connection with the First Information Report bearing No.188/2025 registered with Kotwali Bhinga Police Station, District Shrawasti, State of Uttar Pradesh for the offence punishable under sections 85, 80(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, “the BNS , 2023”) and sections 3 and 4 respectively of the Dowry Prohibition Act, 1961 .

4. The impugned order is one of the most shocking and disappointing orders that we have come across over a period of time.

5. A young girl married with marital life of just three months died under mysterious circumstances at her matrimonial home. The father of the deceased came to know about the sudden death of his daughter and, accordingly, lodged the First Information Report referred to above which reads thus:-

“xxx

12. First Information contents:

To Sir, Station Incharge Officer Sir, Bhinga District Shravasti Chetram, age about 62 years, son of Ramkhelawan, resident of village Ekardangwa, Post Bhausawan, Police Station Gilaula, District Shravasti Applicant and accused 1. Devraj alias Golu, age about 22 years, son of Rambachan 2. Majnu, age about 30 years, son of Rambachan 3. Ramrani, age about 60 years, wife of Rambachan 4. Rambachan, age about 65 years, son of Ajit 5. Majnu's wife, age about 28 years 6. Rambachan's daughter, age about 18 years, residents of village Revalia, Police Station Koatwali Bhinga District Shravasti Opponents, for application to register F.I.R. against Opponents, Police Station Bhinga District Shravasti Sir, it is requested that the applicant's daughter Sushma, age about 22 with opposite party no. 1 was solemnized on 01.03.2025 as per Hindu customs and traditions between both the families. The applicant had given a lot of dowry as per his status and had given Rs. 3 lakh 50 thousand in cash at the time of marriage. But the above mentioned opposite parties were not satisfied with the dowry and cash given by the applicant. They started demanding four wheeler as additional dowry from the daughter of the applicant and started torturing her physically and mentally. The incident took place on 25.4.2025 at about 03.30 am. The applicant received (was given) information through mobile that your daughter Sushma has died. Then the applicant and the family members of the applicant and other people of the village reached the spot and there was a mark of injury on the neck of the daughter of the applicant. The above mentioned opposite parties have killed the daughter of the applicant for dowry. Therefore, Sir, it is requested that in the light of the above application of the applicant, please register an FIR against the opponents. Applicant Chetram son of Ramkhelawan resident of village Ekardagawa Post Bhausawan police station Gilaula district Shravasti dated 25.4.2025 Mobile number 9161755810.”

6. Upon registration of the FIR, the investigation was undertaken. The dead body of the deceased was sent for postmortem examination. The postmortem examination revealed that the cause of death was asphyxia due to strangulation.

7. The statements of various witnesses were recorded by the investigating officer and ultimately at the end of the investigation, chargesheet came to be filed for the offences as enumerated above.

8. The criminal case came to be committed to the court of Sessions. The committal cul