Allahabad High Court
SHOLEversusSTATE OF U.P.
- Decided
Holding
The court held that the presumption of dowry death under Section 118 of the Bharatiya Sakshya Adhiniyam precludes the grant of bail to the accused.
Summary
The applicant, husband of a woman who allegedly committed suicide, sought bail in a dowry death case filed under sections 80(2) and 85 of the Bhartiya Nyay Sanhita and sections 3 and 4 of the Dowry Prohibition Act. He claimed false implication, lack of material linking him to cruelty, and a clean criminal record. The State opposed bail, relying on investigative statements that the applicant harassed the deceased over dowry demands, leading to her suicide. The court noted the presumption of dowry death under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023, and found it sufficient to deny bail. Consequently, the bail application was rejected and the matter disposed.
Issues considered
- Whether bail can be granted to the accused husband in a dowry death case under sections 80(2) and 85 of the Bhartiya Nyay Sanhita and the Dowry Prohibition Act.
- Whether the presumption of dowry death under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023, warrants denial of bail.
Legislation cited
- Bharatiya Sakshya Adhiniyam, 2023 — s. 118
- Bhartiya Nyay Sanhita — s. 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- presumption of dowry death
- criminal procedure
- suicide
- domestic violence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32477 of 2026
Shole
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Krishnakant Verun Kumar, Suneel
Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Suneel Kumar, learned counsel for the applicant, 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. 322 of 2025 under sections
80(2), 85 of Bhartiya Nyay Sanhita and 3/4 Dowry Prohibition Act
registered at Police Station-Ahiraula, District- Azamgarh, 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 09.09.2025. 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
BAIL No. 32477 of 2026
2
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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