“One Of The Most Shocking Bail Orders”: Supreme Court Cancels Bail In 3-Month Marriage Dowry Death Case

Allowing an appeal filed by the father of the deceased, the bench of Justices JB Pardiwala and Justice KV Viswanathan directed the accused husband to immediately surrender and be taken into judicial custody.

The appeal arose from an October 10, 2025 order of the Allahabad High Court granting bail to Devraj Verma alias Golu, the husband of a 22-year-old woman who died under suspicious circumstances barely three months after her marriage. The case relates to FIR No. 188 of 2025 registered at Kotwali Bhinga police station in Shrawasti district, Uttar Pradesh, under Sections 85 and 80(2) of the Bharatiya Nyaya Sanhita, 2023, along with Sections 3 and 4 of the Dowry Prohibition Act, 1961.

The court noted that the deceased woman had died at her matrimonial home during the early hours of April 25, 2025. Her father, Chetram Verma, lodged the FIR alleging persistent dowry demands, including for a four-wheeler, despite having already given ₹3.5 lakh in cash at the time of marriage. He further alleged that his daughter was physically and mentally harassed and ultimately killed for dowry.

The post-mortem examination revealed that the cause of death was asphyxia due to strangulation. Following investigation, a charge sheet was filed and the case was committed to the Sessions Court, where charges were framed and trial commenced. At the time the High Court granted bail, the father of the deceased had already been examined as the first prosecution witness.

Taking strong exception to the High Court’s reasoning, the Supreme Court observed that the bail order merely recorded the submissions of the defence and relied on the fact that the accused had no criminal antecedents and had been in custody since April 27, 2025. "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. What did the High Court do? All that the High Court did, was to record the submission of the defense counsel and thereafter proceeded to observe that the accused was in jail since 27.07.2025 and there being no criminal history, he was entitled to bail. Accordingly, bail came to be granted," the court said.

The bench held that the High Court completely failed to consider crucial factors such as the gravity of the offence, the nature of the relationship between the accused and the deceased, the circumstances of death within the matrimonial home, and the post-mortem findings indicating strangulation. It also faulted the High Court for ignoring the statutory presumption under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (Section 113B IEA), which mandates a presumption of dowry death when a woman is subjected to cruelty or harassment for dowry soon before her death.

Terming the impugned order “unsustainable in law”, the Supreme Court set aside the bail, directed the accused to surrender immediately before the trial court, and ordered that he be remanded to judicial custody. The Court further directed the Sessions Court to proceed with the trial expeditiously, while clarifying that the guilt or innocence of the accused would be determined solely on the basis of evidence led during trial.

The Registry was also directed to forward a copy of the judgment to the Registrar General of the Allahabad High Court for placing it before the Chief Justice.

With this, the appeal was allowed and all pending applications were disposed of.