Allahabad High Court
MANJEET PRATAP SINGHversusSTATE OF U.P.
- Decided
Holding
The court held that bail cannot be granted as the presumption of dowry death under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 applies.
Summary
The applicant, husband of a woman who died by suicide within seven years of marriage, sought bail in a criminal case filed under Sections 80(2) and 85 of the B.N.S., 2023 and Sections 3/4 of the D.P. Act, 1961. He claimed false implication, lack of prior criminal record, and that the charge sheet had already been filed, negating the need for custodial interrogation. The State opposed bail, relying on witness statements that the husband had harassed the deceased over dowry, invoking the presumption of dowry death under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023. The court examined the statutory presumption and the evidence of cruelty, concluding that the presumption applied and bail would be inappropriate. Consequently, the bail application was rejected and the matter disposed.
Issues considered
- Whether bail can be granted to the husband accused under Sections 80(2) and 85 of B.N.S., 2023 and Sections 3/4 of the D.P. Act, 1961 in view of the presumption of dowry death under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023.
- Whether the presumption of dowry death under Section 118 is attracted by the facts of the case.
- Whether the applicant's lack of prior criminal record and claim of false implication outweigh the statutory presumption.
Legislation cited
- Bharatiya Sakshya Adhiniyam, 2023 — s. 118
- B.N.S., 2023 — s. 80(2), 85
- D.P. Act, 1961 — s. 3, 4
Subjects
- bail
- dowry death
- presumption of dowry death
- suicide
- criminal procedure
- domestic violence
- B.N.S.
- D.P. Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 22554 of 2026
Manjeet Pratap Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Naveen Pandey, Praveen Kumar
Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Praveen Kumar Pandey, learned counsel for the applicant, Sri
Rakesh Kumar Mishra, learned A.G.A. for the State and perused the
record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 0111 of 2025, under Sections 80(2)
and 85 of B.N.S., 2023 and Section 3/4 D.P. Act, 1961, Police Station
Ekauna, District Deoria, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that the applicant is
husband of the deceased and he has been falsely implicated though there
is no material to show that soon before her death, she was subjected to
cruelty for non-fulfillment of demand of dowry. It is further submitted
that the deceased herself committed suicide by hanging after a petty
dispute over household issues. Charge sheet has been filed by the police,
therefore, there is no requirement for custodial interrogation. The
applicant has no criminal history and he is languishing in jail since
24.11.2025. In case, he is granted bail, he will not misuse the liberty of
bail and would cooperate in the trial proceedings.
4. On the other hand, learned A.G.A. for the State vehemently opposed
the prayer for bail and submitted that the deceased died within 7 years of
her marriage under unnatural circumstances. He further submitted that
statements of witnesses recorded during investigation show that the
BAIL No. 22554 of 2026
2
applicant had been continuously harassing the deceased for non-
fulfillment of demand of dowry which resulted into suicide by the
deceased, therefore, he is not entitled to be released on bail.
5. Considering the submissions of learned counsel for the parties and
taking into account the fact that the applicant is husband of the deceased,
who committed suicide by hanging within 7 years of her marriage and
evidence collected during investigation shows that she was subjected to
cruelty with regard to demand of dowry prior to her death, therefore, in
view of presumption of dowry death under Section 118 of Bharatiya
Sakshya Adhiniyam, 2023, this Court is not inclined to grant bail to the
applicant.
6. Accordingly, the present bail application is rejected.
7. Application, if any, stands disposed of.
(Arun Kumar Singh Deshwal,J.)
September 24, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
Checking your session…