Allahabad High Court
ANUJ KUMARversusSTATE OF U.P.
- Decided
Holding
The court held that the presumption of dowry death under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 applies, and therefore bail cannot be granted.
Summary
The High Court considered a bail application filed by Anuj Kumar, the husband of a woman who died by suicide within seven years of marriage. The charges under Sections 498A, 323, 304B of the IPC, Sections 3 and 4 of the Dowry Prohibition Act, and the Bharatiya Sakshya Adhiniyam, 2023 were pending. The applicant argued he was falsely implicated and had no criminal record, while the prosecution presented evidence of continuous dowry harassment leading to the death. The Court noted that the facts triggered the presumption of dowry death under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023. Consequently, the Court declined to grant bail, finding the presumption sufficient to deny liberty pending trial. The bail application was therefore rejected and the matter disposed.
Issues considered
- Whether the presumption of dowry death under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 applies to the facts of the case.
- Whether bail can be granted to the accused husband in light of the presumption and the nature of the offences.
- Whether the applicant’s claim of false implication and lack of criminal history warrants bail.
Legislation cited
- Bharatiya Sakshya Adhiniyam, 2023 — s. 118
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 304B, 323, 498A
Subjects
- dowry death
- bail
- presumption of dowry death
- IPC
- Dowry Prohibition Act
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32442 of 2026
Anuj Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Abhishek Srivastava, learned counsel for the applicant,
Sri Mukesh Kumar, learned counsel for the first informant (upon
appearance filed today) and 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. 698 of 2025, Under Sections-
85, 115(2), 80(2) of B.N.S (498A, 323, 304B of IPC) and u/s 3 and 4
of Dowry Prohibition Act registered at Police Station Sadar Bazar,
District Saharanpur, 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 26.11.2025. 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 counsel for the first informant and
learned A.G.A. for the State have vehemently opposed the prayer for
BAIL No. 32442 of 2026
2
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.
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 14, 2026
S.C.
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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