New Delhi, Feb 12
The Supreme Court has set aside a bail order granted by the Allahabad High Court to a man accused in a dowry death case, terming it as "one of the most shocking and disappointing orders" it has come across in recent times.
A Bench of Justices J.B. Pardiwala and K.V. Viswanathan allowed the appeal filed by the father of the deceased woman and directed the accused — the husband of the deceased — to immediately surrender before the trial court and be sent to judicial custody.
The dowry death case was registered at Kotwali Bhinga Police Station in Uttar Pradesh’s Shrawasti district for offences under Sections 85 and 80(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
As per the prosecution, the deceased woman, aged about 22 years, was married to the accused on March 1, 2025, and died within three months of her marriage under mysterious circumstances at her matrimonial home.
The FIR, lodged by her father, alleged that despite giving Rs 3.5 lakh in cash and other dowry articles at the time of marriage, the accused and his family were dissatisfied and demanded a four-wheeler as additional dowry. It further alleged that the woman was subjected to physical and mental harassment and was found dead on April 25, 2025, with injury marks on her neck. The post-mortem report revealed that the cause of death was "asphyxia due to strangulation".
Expressing strong disapproval of the Allahabad High Court’s approach, the apex court said: "The impugned order is one of the most shocking and disappointing orders that we have come across over a period of time."
The Justice Pardiwala-led Bench observed that the Allahabad High Court, while granting bail, had merely recorded the submissions of the defence counsel and granted bail on the ground that the accused was in jail since April 27, 2025, and had no criminal history.
"We fail to understand on plain reading of the impugned order as to what the High Court is trying to convey. What weighed with the High Court in exercising its discretion in favour of the accused for the purpose of grant of bail in a very serious crime like dowry death," the order said.
The Supreme Court stressed that the Allahabad High Court ought to have considered several crucial factors, including "the nature of the alleged crime", the punishment prescribed under the BNS, 2023, the marital relationship between the accused and the deceased, the place of occurrence, and the post-mortem findings indicating death by strangulation.
"The impugned order has led to a travesty of justice," the Justice Pardiwala-led Bench said, adding that it was "unsustainable in law".
While clarifying that it was not expressing any opinion on the merits of the case as the trial is in progress, the apex court directed the accused to surrender immediately before the trial court and ordered that he be sent to judicial custody upon surrender.
It further directed the trial court to proceed with the case expeditiously and clarified that the innocence or guilt of the accused would be determined on the basis of evidence led during the trial. The bench further directed the top court registry to forward a copy of the order to the Registrar General of the Allahabad High Court, who shall place it before the Chief Justice of the High Court for appropriate consideration.
