Delhi High Court Grants Bail in High-Profile Dowry Case

The Delhi High Court has granted bail to a man accused of dowry-related cruelty and the abetment of his wife’s suicide. This decision follows his time spent in custody, which exceeds two-and-a-half years, while the trial has seen minimal progress. Justice Sanjeev Narula, presiding over the case, emphasized that the continued detention of the accused was unjustifiable given that the investigation has concluded and charges have been formally filed.

During the proceedings, Justice Narula highlighted that none of the 29 prosecution witnesses had been examined to date. He remarked, “The Applicant has undergone custody of more than two years and six months. The investigation stands completed and a chargesheet has already been filed.” The court’s observations also noted that the matter is currently awaiting the recording of prosecution evidence.

The accused was arrested following the death of his 25-year-old wife, who died on April 4, 2023, after allegedly ingesting poison. The deceased’s father has accused the husband and his family of persistent dowry harassment, claiming they made repeated demands for money and subjected his daughter to physical abuse since the early years of her marriage.

In opposing the bail application, the prosecution referenced a statement made by the couple’s minor daughter under Section 164 of the Criminal Procedure Code, alleging that she witnessed assault on the night leading up to her mother’s death. The court acknowledged that the death occurred “otherwise than under normal circumstances” and within seven years of marriage. However, it also indicated that the requirement to establish proof of cruelty or harassment just prior to death necessitated thorough examination.

Justice Narula pointed out that the allegations of physical violence and burn injuries presented by the daughter lacked medical corroboration. Referring to the post-mortem report, he noted, “The post-mortem report does not record any external injuries, burn marks, or other signs of recent physical violence.” He added that, given the young age of the child and the timing of her statement, it would need careful scrutiny during the trial.

The judge noted, “At this stage, the absence of medically-corroborated injuries and the lack of proximate, time-linked allegations of dowry demand cast a prima facie doubt on whether the necessary live link between alleged cruelty and the death stands made out.”

Additionally, the court recorded that the accused has no prior criminal history and that the prosecution failed to demonstrate any attempts by him to evade justice or interfere with the investigation. Justice Narula stated, “There is no material before this Court to suggest that the applicant has any past criminal antecedents, nor has any specific instance been pointed out where he attempted to abscond or interfered with the investigation.”

In granting bail, Justice Narula indicated that the concerns raised by the prosecution could be addressed through stringent conditions. The accused has been released on a personal bond of Rs 25,000 with two sureties. He must adhere to several requirements, including not threatening or influencing witnesses, cooperating with ongoing investigations, appearing before the trial court as directed, providing his residential details, and maintaining communication with authorities by keeping his phone switched on. He is also required to report to the local police station every three months and must not leave the country without court permission.

The Delhi High Court clarified that its remarks were solely pertinent to the bail application and should not affect the trial’s outcome.