Allahabad High Court
NARENDRA @ SONUversusSTATE OF U.P.
- Decided
Holding
The court denied bail, holding that the presumption of dowry death under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023, applies and the applicant is not entitled to release.
Summary
The High Court of Allahabad considered a bail application filed by Narendra (Sonu), the husband of a woman who allegedly committed suicide within seven years of marriage. The applicant claimed false implication and argued there was no evidence of dowry-related cruelty, seeking release on bail under Sections 85, 80(2), 115(2) of the B.N.S. and Sections 3/4 of the D.P. Act. The State opposed bail, presenting investigation statements that the husband had repeatedly harassed the deceased for dowry, invoking the presumption of dowry death under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023. The Court held that the presumption applied, and consequently denied bail, directing the trial to be concluded expeditiously per the Apex Court’s guidance in Liakat Ali v. State of Jammu and Kashmir. The application was therefore disposed of with the bail request rejected.
Issues considered
- Whether bail can be granted to the husband accused of dowry death when the presumption under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023, is attracted.
- Whether the material evidence of cruelty and dowry demand justifies denial of bail.
- Whether the direction in Liakat Ali v. State of Jammu and Kashmir mandates an expedited trial in this case.
Legislation cited
- Bharatiya Sakshya Adhiniyam, 2023 — s. 118
- B.N.S. — s. 115(2), 80(2), 85
- D.P. Act — s. 3, 4
Subjects
- dowry death
- bail
- presumption of dowry death
- Section 118
- criminal procedure
- suicide
- expedited trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31435 of 2026
Narendra @ Sonu
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Ajai Kumar Srivastava
Counsel for Opposite Party(s) : G.A., Jigyasha Tripathi, Surendra Kumar
Tripathi
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Ajai Kumar Srivastava, learned counsel for the applicant,
Sri Surendra Kumar Tripathi, learned counsel for the first informant
and Sri Anand Pratap Singh, 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.66/2026, under Sections-85,
80(2), 115(2) B.N.S. & 3/4 D.P. Act, Police Station - Kirawali, District-
Agra, 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 07.04.2026. 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 counsel for the first informant and
learned A.G.A. for the State have 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. 31435 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.
8. However, considering the fact that applicant is in jail and taking into
account the direction of the Apex Court in Writ Petition (Crl.) No.99
of 2025 (Liakat Ali Vs. State of Jammu and Kashmir), the court
below is directed to conclude the trial as expeditiously as possible.
September 8, 2026
S.C.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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