Bail in Dowry Death Cases Must Not Be Mechanical or Perfunctory: Delhi HC

Emphasising that dowry deaths strike at the core of dignity, equality, and justice in domestic life, the Delhi High Court has recently held that the grant of bail in such cases must not be mechanical or perfunctory.

A bench led by Justice Sanjeev Narula granted bail to a husband accused of dowry death, asserting that courts must exercise measured and informed judicial discretion and that they must not only consider the seriousness of the charge, but also the broader implications of such offences on the social conscience..

The observations came in a case wherein a woman had allegedly died by hanging at her Delhi home within a year of marriage. Her family accused the husband of dowry harassment, including a demand for a car, and accused him of having an illicit relationship with his sister-in-law.

Acknowledging that the death of a young woman within a year of marriage, under unnatural circumstances, inevitably invites serious legal scrutiny, the court said that the evidentiary foundation laid by the prosecution must meet the statutory threshold for charges to stand.

Noting significant ambiguities in the material on record, the court held that Section 304B IPC (dowry death) was not prima facie attracted in this case.

As regards section 306 IPC, which deals with abetment to suicide, the court reiterated that for a charge to be sustained, the accused must have instigated, provoked, or encouraged the act.

However, in the present case, the court ruled, "There is no indication of affirmative acts, whether by commission or omission, that drove the deceased to a state of desperation immediately preceding her death. Consequently, the statutory threshold for invoking Section 306 IPC prima facie remains unsatisfied."

The court also added that mere suspicion of an extra-marital affair, although morally wrong, does not by itself amount to abetment of suicide.

Having found no prima facie case, the court, accordingly, granted bail to the applicant.

"In light of the foregoing facts and circumstances, the Applicant is directed to be released on bail on furnishing a personal bond for a sum of INR 50,000/- with two sureties of the like amount, subject to the satisfaction of the Trial Court," the court held.

Case Title: Karanjeet V State of NCT of Delhi