Allahabad High Court
JAGPALversusSTATE OF UP
- Decided
Holding
Bail was denied as the presumption of dowry death under Section 118 applied.
Summary
The applicant, husband of a woman who died by suicide within seven years of marriage, sought bail in a dowry death case (Criminal No. 175 of 2025) under Sections 85, 80(2) of the Bailable Non-suspect provisions and Sections 3 and 4 of the Dowry Prohibition Act. He claimed false implication and no prior criminal record, while the State argued that investigation witnesses indicated continuous harassment for dowry, invoking the presumption of dowry death under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023. The court examined the evidence and the statutory presumption, concluding that the presumption applied. Consequently, the bail application was rejected. The court also directed the trial to be concluded expeditiously, citing the Apex Court’s direction in Liakat Ali v. State of Jammu and Kashmir.
Issues considered
- Whether the presumption of dowry death under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023, precludes the grant of bail to the accused husband.
- Whether the applicant’s claim of false implication and lack of criminal history is sufficient to merit bail.
Legislation cited
- Bharatiya Sakshya Adhiniyam, 2023 — s. 118
- Code of Criminal Procedure, 1973 — s. 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- presumption of dowry death
- suicide
- Dowry Prohibition Act
- Bharatiya Sakshya Adhiniyam
- Criminal Procedure Code
- expeditious trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31451 of 2026
Jagpal
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Manish Kumar Kashyap, Virendra Pal Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Virendra Pal Singh, learned counsel for the applicant,
Sri Roshan Kumar 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. 175 of 2025, Under
Sections-85, 80(2) BNS & 3/4 of Dowry Prohibition Act, Police
Station Kadarchawk, District Budaun, 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 consuming poisonous substance after a petty dispute
over household issues. The applicant has no criminal history and
he is languishing in jail since 27.06.2025. 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 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.
BAIL No. 31451 of 2026
2
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 consuming poisonous
substance 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
Checking your session…