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Allahabad High Court

DUSHYANT YADAVversusSTATE OF U.P.

Decided

Holding

The court held that the presumption of dowry death under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023, precludes granting bail to the applicant.

Summary

The applicant, Dushyant Yadav, husband of a woman who died by suicide within seven years of marriage, sought bail during trial for alleged dowry harassment leading to her death. He argued lack of material evidence of cruelty, no prior criminal record, and that custodial interrogation was unnecessary. The State contended that witness statements indicated continuous harassment for dowry, invoking the presumption of dowry death. The court considered the evidence and the statutory presumption under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023, and found the applicant not entitled to bail. Consequently, the bail application was rejected.

Issues considered

  • Whether the applicant is entitled to bail in a case of alleged dowry death under the presumption of Section 118 of the Bharatiya Sakshya Adhiniyam, 2023
  • Whether the evidence collected justifies denial of bail

Legislation cited

Subjects

  • dowry death
  • bail
  • presumption of guilt
  • suicide
  • criminal procedure

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

     CRIMINAL MISC. BAIL APPLICATION No. - 32675 of 2026

Dushyant Yadav
                                                              .....Applicant(s)
                                   Versus
State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                     :   Ripu Soodan Yadav
Counsel for Opposite Party(s)                :   G.A.

Court No. - 66
           HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Ripu Soodan Yadav, 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. 02 of 2026, Under
Sections 80(2), 115(2), 351(3), 85 of B.N.S. and 3/4 D.P. Act, P.S. Matsaina,
District- Firozabad.

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 22.01.2026. 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. 32675 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.

                                    September 14, 2026
                                    A.Kr.
                                                                               (Arun Kumar Singh Deshwal,J.)




Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad


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