Allahabad High Court
JUGUNU CHAUHANversusSTATE OF U.P.
- Decided
Holding
The court held that the presumption of dowry death under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023, precludes the grant of bail to the applicant.
Summary
The applicant, husband of a woman who died by suicide within seven years of marriage, sought bail in a criminal case alleging dowry harassment and related offences. He argued that he was falsely implicated, had no prior criminal record, and that the charge sheet negated the need for custodial interrogation. The State contended that the death was a dowry death, citing witness statements of continuous harassment for dowry demands. The court, applying the presumption of dowry death under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023, found the applicant not entitled to bail. Consequently, the bail application was rejected, with directions for the trial court to expedite the trial, referencing the Supreme Court’s guidance in Liakat Ali v. State of Jammu and Kashmir.
Issues considered
- Whether the applicant is eligible for bail pending trial under the relevant criminal provisions given the nature of the alleged offences.
- Whether the presumption of dowry death under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023, bars the grant of bail.
- Whether the applicant's lack of prior criminal history and claim of false implication affect the bail decision.
Legislation cited
- Bharatiya Sakshya Adhiniyam, 2023 — s. 118
Subjects
- bail
- dowry death
- presumption of dowry death
- suicide
- Criminal Procedure
- Bharatiya Sakshya Adhiniyam
- Section 118
- expedited trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32303 of 2026
Jugunu Chauhan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Manju Shukla/Ojha, Sheel Kumar Ojha
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Sheel Kumar Ojha, learned counsel for the applicant, Sri
Bhupendra Pal Singh, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the
applicant on bail during the trial in Case Crime No.148 of 2026, under
Sections 80(2), 85, 352, 351(3), 115(2) BNS, Police Station- Madhuban,
District Mau.
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 22.07.2026. 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 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. 32303 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 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. However, trial court is directed to conclude the trial of the applicant as
expeditiously as possible in view of direction of the Apex Court in the case
of Liakat Ali vs State of Jammu and Kashmir passed in Writ Petition
(Crl) No.99 of 2026 decided on 16.07.2026.
September 30, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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