The Delhi High Court has granted regular bail to a man accused under Sections 304B and 498A of the IPC in connection with the alleged dowry death of his wife within six months of marriage. Justice Sanjeev Narula noted that while the death was unnatural and occurred well within seven years of marriage, the material relied upon by the prosecution, including photographs and an audio clip allegedly sent by the deceased, did not prima facie reveal any specific dowry-related demands.
The case arose from the death of a young woman who was found hanging on 3 June 2023, barely six months after her marriage. During the inquest proceedings, her father alleged that she had been subjected to cruelty by her husband and in-laws, leading to the registration of an FIR under Sections 498A and 304B IPC. The prosecution relied on an audio clip and photographs purportedly sent by the deceased to support allegations of harassment. The applicant, who had been in custody for over two years after his arrest on 6 June 2023, sought bail u/s 483 of the BNSS on the grounds that the investigation was complete, the evidence did not disclose dowry-linked cruelty, and co-accused family members had already been granted anticipatory bail.
The Court observed that the transcript indicated quarrels and allegations of beatings but contained no clear reference to dowry harassment “soon before death,” a foundational requirement for the statutory presumption under Section 113B of the Evidence Act to operate.
The Court recorded that the applicant had been in custody for approximately two years and five months, the investigation was complete, and the chargesheet had been filed. With no indication of flight risk or interference with the investigation, and considering the Supreme Court’s caution against prolonged pre-trial incarceration, the Court found continued detention unwarranted. Although the co-accused in-laws had already secured anticipatory bail, the Court reiterated that parity is not automatic for a husband but held that further incarceration was not justified at this stage.
Consequently, the husband was ordered to be released on bail with conditions aimed at preventing any threat or inducement to witnesses and ensuring regular appearance before authorities.
Appearance
For Petitioner: Mr. Manoj Kumar Duggal and Mr. Aryan Duggal, Advocates
For State: Mr. Yudhvir Singh Chauhan, APP with Insp. Mahender Kumar, PS Shahbad Dairy
