Delhi HC grants bail to man accused of dowry cruelty, abetment of wife's suicide

New Delhi, Nov 27 The Delhi High Court has granted bail to a man accused of dowry-related cruelty and abetting his wife's suicide, saying that he has already spent more than two-and-a-half years in custody while the trial has made "no meaningful progress".

A single-judge Bench of Justice Sanjeev Narula said that continued incarceration would be difficult to justify once investigation was complete, charges had been framed, and none of the 29 prosecution witnesses had been examined.

"The Applicant has undergone custody of more than two years and six months. The investigation stands completed and a chargesheet has already been filed. Charges have been framed and the matter is now pending for recording of prosecution evidence. Out of 29 cited witnesses, none has been examined so far," Justice Narula said.

The accused was arrested in connection with the death of his 25-year-old wife, who died on April 4, 2023, allegedly due to poison ingestion.

The deceased's father accused the husband and his family of persistent dowry harassment, claiming repeated demands for money and physical abuse "from the early years of marriage".

Opposing bail, the prosecution relied heavily on the minor daughter's statement under Section 164 CrPC alleging assault on the night preceding the incident.

In its order, the Delhi High Court noted that the death occurred "otherwise than under normal circumstances" and within seven years of marriage, but said that the third requirement i.e. proof of cruelty or harassment soon before death required closer scrutiny.

On the daughter's statement alleging physical violence and burn injuries, Justice Narula pointed to the lack of medical corroboration.

"The post-mortem report does not record any external injuries, burn marks, or other signs of recent physical violence," the Delhi High Court said, adding that given the child's young age and the delayed recording of her statement, "its ultimate weight and reliability will require careful evaluation at trial."

"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," Justice Narula held.

Recording that the accused had no criminal antecedents and that the prosecution had not shown any attempt on his part to abscond or influence the investigation, the Delhi High Court said, "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."

Allowing the bail plea, Justice Narula said the apprehensions of the prosecution could be addressed through strict safeguards.

The accused has been released on a personal bond of Rs 25,000 with two sureties and is required not to threaten or influence witnesses, to cooperate with further investigation, to appear before the trial court as directed, to provide his residence details and keep his phone switched on, to report to the local police station every three months, and to refrain from leaving the country without the court's permission.

The Delhi High Court clarified that its observations were limited to deciding the bail application and "should not influence the outcome of the trial".

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