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2026 Supreme(Online)(SC) 1693

SUPREME COURT OF INDIA
J.B.Pardiwala, Vijay Bishnoi, JJ
Mahesh Chand – Appellant
Versus
Prince Chaudhary – Respondent
Criminal Appeal No. of 2026



Advocates:
For the Appellants/Petitioners: Anirban Tripathi
For the Respondents: Vijendra Singh, Pradeep Kumar Arya

In applications for bail for serious offences such as dowry death, the court must carefully evaluate the nature of the crime and prima facie evidence against the accused, taking into account statutory presumptions of guilt, rather than relying on procedural technicalities like an alleged delay in filing the FIR.

Headnote:The appellant challenged an order of the High Court granting bail to the respondent accused of a dowry death. The appellant argued that the respondent was involved in the harassment and murder of his daughter. The court reviewed the nature of the crime, the prima facie evidence presented in the FIR, and the post-mortem report indicating strangulation. The court held that the High Court failed to correctly apply the law, specifically regarding the presumption mentioned in S.118 of the Bharatiya Sakshya Adhiniyam, 2023, while noting that the grant of bail was based on an unfounded assertion of delay in the FIR. The main issue was whether the High Court correctly exercised its judicial discretion in granting bail for a serious crime of dowry death. The ratio decidendi established by the Court is that in cases involving serious crimes like dowry death, the High Court must consider the nature of the offence and the strength of the prima facie case, especially when statutory presumptions of guilt or cruelty are applicable. The Court reasoned that superficial grounds like alleged delay in filing an FIR are insufficient to grant bail when serious allegations and forensic evidence are present. In the result, the appeal is allowed and the impugned order granting bail is set aside.

Table of Content
1. overview of fir allegations and procedural status. (Para 1 , 2 , 3)

O R D E R

1. Leave granted.

2. Mahatma Gandhiji once said, “Any young man who makes dowry a condition to marriage discredits his education and his country and dishonours womanhood.”

3. This appeal arises from the order passed by the High Court of Judicature at Allahabad dated 27.08.2025 in Criminal Miscellaneous Bail Application No. 14304 of 2025 by which the bail application preferred by the respondent no.2 Digitally signed bbyefore us (original accused) (husband of the deceased) came CHANDRESH D 14 a : t 3 e 8 : : 2 1 0 2 2 I 6 S . T 05.04 1 Reason:

to be allowed.

4. We take notice of the fact that the respondent no.2 was married to the deceased. The marriage was solemnized on 08.02.2019. As per the case of the prosecution soon after marriage the husband and his family members started harassing the deceased for want of dowry.

5. On 11.07.2024 the deceased was found dead under suspicious circumstances at her matrimonial home.

6. In such circumstances, the father of the deceased lodged a First Information Report registered as case Crime No. 667 of 2024 dated 12.07.2024 with Kavi Nagar Police Station, District Ghaziabad, State of Uttar Pradesh. The First Information Report reads thus:-

“I respectfully submit that my daughter Ritu Chaudhary was married on 08.02.2019 at Rambagh Farm, Govindpuram, Ghaziabad with Prince, son of Devendra, resident of Sadarpur, Police Station Kavinagar, Ghaziabad. In this marriage, I spent more than my capacity and approximately Rs 30 lakh, which included one car I-20, registration number UP-15 CD-3363, and cash of about Rs.10 lakh. I also gave household articles, jewellery, clothes, etc.

However, the dowry given in the marriage was not satisfactory to my daughter's-in-laws. living in joint family including her husband Prince Chaudhary, mother-in-law, Beena Chaudhary, father-in-law Devendra Chaudhary, brothers-in- law Amar and Vishal Chaudhary, uncle Virendra Singh and aunt Neeta Chaudhary, and grandfather- in-law Balram Chaudhary. They started demanding an additional car (Fortuner), and cash of Rs. 10 lakh as additional dowry.

When the demand was not fulfilled they used to beat my daughter, abuse her, and subject her to physical and mental cruelty, keeping her hungry and thirsty. Many times my daughter and I expressed our inability to fulfill further dowry demands. They threatened that if their demand was not fulfilled, they would kill my daughter by hanging her.

The i20 car given in marriage got damaged in an accident, therefore they were demanding a Fortuner car. For the safety of my daughter and under pressure of dowry demand, I transferred Rs. 4 lakh from the bank accounts of my son Anoop Kumar and my second son-in-law Tarun Kumar to the bank account of uncle Virendra with their consent. I also gave cash of Rs. 5 lakh several times to the husband and in- laws, but even thereafter the harassment for dowry continued.

On 11.07.2024 at about 7:30 AM, I spoke to my daughter for one last time. She was very frightened and told me while crying that her in- laws were beating and harassing her for dowry for several days and threatening to kill her by strangling or hanging.

Thereafter, on 11.07.2024 at about 1:45 PM, uncle Virendra Informed my son Anoop Kumar on mobile number 9958266675 that since the dowry demand was not fulfilled. Prince, Amar and Prashant together strangled my daughter and hanged her, killing her, and told us to do whatever we could.

On receiving this information, I reached my daughter's in-laws' house with my family members but did not find her there. Neighbors informed that after killing my daughter, her in-laws had taken her to Sarvodaya Hospital, Ghaziabad. When I reached Sarvodaya Hospital, my daughter's dead body was found there. Injury marks were present on her neck and body, and none of her in-laws were present there.

Therefore, I have come to lodge this report.

Kindly take legal action. Date: 12.07.2024 Sign

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