Raj vs State Of Uttarakhand

Alok Mahra, J

Applicant Raj, who is in judicial custody in connection with FIR/Case Crime No. 352 of 2024, under Section 80 of BNS, registered at P.S. Transit Camp, District Udham Singh Nagar, has sought his release on bail.

As per the prosecution story, the applicant and the deceased were married on 18.07.2024; that, it is alleged, the applicant used to physically abuse and harass the deceased and demand money from her. Due to the constant harassment, the deceased allegedly hanged herself on 14.12.2024.

Learned counsel for the applicant submits that the applicant and the deceased were living in a consensual relationship; that the applicant has not taken a single penny from the deceased; and that the offence under Section 80 BNS is not made out. He has further submitted that Section 80 BNS applies where the death of a woman is caused by burns, bodily injury, or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.

Learned counsel has further submitted that the complainant, in her statement, has categorically stated that no dowry was given to their daughter at the time of marriage, nor did the accused ever demand dowry subsequently.

Learned counsel for the appellant contends that the essential ingredient of Section 80 of the BNS requires that the alleged harassment or cruelty must be in connection with a demand for dowry. Since no demand for dowry has been proved in the present case, the provisions of Section 80 BNS are not attracted, and the offence is not made out.

Learned counsel appearing for the State has opposed the bail application.

In view of the above, but, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a fit case for bail.

The bail application is thus, allowed and the applicant is directed to be released on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.