Allahabad High Court
TANMAY HIRA VISWASversusSTATE OF U.P.
- Decided
Holding
Bail was denied as the presumption of dowry death under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023, applies to the case.
Summary
The applicant, husband of a woman who died from smothering injuries, sought bail in a dowry death case filed under Sections 80(2), 85, 115(2) of the Bharatiya Sakshya Adhiniyam, 2023 and Sections 3 and 4 of the Dowry Prohibition Act. The State opposed bail, citing the post‑mortem report, witness statements of continuous harassment for dowry, and the statutory presumption of dowry death under Section 118 of the B.S.A. The court examined the evidence and the presumption, concluding that the presumption applies and therefore bail cannot be granted. The bail application was rejected, and the trial court was directed to expedite the trial, referencing the Supreme Court’s guidance in Liakat Ali v. State of Jammu and Kashmir. The application was disposed of.
Issues considered
- Whether bail can be granted to an accused in a dowry death case where the presumption under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023, is attracted.
- Whether the statutory presumption of dowry death outweighs the applicant's lack of prior criminal record and the absence of custodial interrogation.
- Whether the evidence of cruelty for dowry justifies denial of bail.
Legislation cited
- Bharatiya Sakshya Adhiniyam, 2023 — s. 115(2), 118, 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- presumption of dowry death
- Bharatiya Sakshya Adhiniyam
- Dowry Prohibition Act
- criminal procedure
- expedited trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26430 of 2026
Tanmay Hira Viswas
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Janardan Yadav, Rajesh Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Brijesh Kumar Yadav, Advocate holding brief of Sri
Janardan Yadav, learned counsel for the applicant, Ms. Mayuri Mehrotra,
learned State Law Officer 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. 104 of 2026, under Sections 80(2),
85, 115(2) of B.N.S. and Section 3/4 of D.P. Act, Police Station
Raunapar, District Azamgarh, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that the applicant is
the husband of the deceased and he has been falsely implicated in the
present case by making general allegations, though there is no material to
show that soon before her death, she was subjected to cruelty for non-
fulfilment of the demand of dowry. It is further submitted that the
deceased died due to smothering. 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
03.05.2026. 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 State Law Officer for the State vehemently
opposed the prayer for bail and submitted that the deceased died due to
smothering having multiple injuries over her body within 7 years of her
marriage. He further submitted that statements of witnesses recorded
during investigation show that the applicant had been continuously
BAIL No. 26430 of 2026
2
harassing the deceased for non-fulfillment of demand of dowry which
resulted into her death, 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 as per the postmortem report died due to smothering having multiple
injuries, within 7 years of her marriage coupled with the evidence
collected during investigation which 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. However, the
learned trial court is directed to conclude the trial of the applicant as
expeditiously as possible in view of the law laid down by the Hon'ble
Apex Court in the Case of Liakat Ali v. State of Jammu and Kashmir,
Writ Petition (Crl.) No. 99 of 2026, decided on 16.07.2026.
7. Application, if any, stands disposed of.
(Arun Kumar Singh Deshwal,J.)
September 14, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
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