[Cites 2, Cited by 0]
Uttarakhand High Court
BA1/2019/2025 on 19 March, 2026
2026:UHC:1915
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1 No.2019 of 2025
Hon'ble Alok Mahra, J.
Mr. M.S. Pal, Senior Advocate,
assisted by Mr. Harshpal Sekhon,
Advocate for the applicant.
Mr. Deepak Bisht, Deputy Advocate
General for the State of Uttarakhand.
2. This first bail application has been
moved by the applicant seeking regular bail
in F.I.R. No.93 of 2025, under Section 80(2)
of B.N.S., 2023 and Section 3/4 of Dowry
Prohibition Act, registered at Police Station
Kelakhera, District Udham Singh Nagar.
3. An F.I.R. was registered by the brother
of the deceased, in which it is alleged that
his sister was subjected to harassment in
connection with dowry demands, in
consequence whereof she committed suicide
by hanging on 24.06.2025. In the said
F.I.R., the applicant and all the members of
his family were arraigned as accused. After
investigation, a charge sheet was filed only
against the applicant, whereas all other
family members were exonerated. The
marriage between the applicant and the
deceased was solemnized on 20.06.2022.
The statement of the brother of the
deceased was recorded under Section 180
of the Bhartiya Nyaya Sanhita, 2023
(B.N.S.S.), in which he deposed that on the
morning of 24.06.2025, his sister contacted
him from the applicant's mobile phone and
informed him that she was being harassed
for dowry by the applicant and his family
members. Further, on 26.05.2025 at about
9:00 p.m., he received a telephonic call
from the applicant, who informed him that
the deceased had hanged herself; this
information was conveyed to the
2026:UHC:1915
complainant by the applicant himself.
4. Learned counsel for the applicant
submits that the applicant himself took the
deceased to the hospital, where she was
treated, but unfortunately she did not
survive and succumbed to her injuries on
27.05.2025. Thereafter, an F.I.R. was
lodged immediately. Learned counsel further
submits that the allegations levelled against
the applicant in the F.I.R. are wholly false
and baseless, as there was no demand of
dowry or harassment by the applicant or his
family members. It is submitted that, even
from the statement of the complainant, it
appears that no case regarding demand of
dowry or harassment by the applicant had
ever been registered or any complaint filed
by the complainant prior to the incident.
Learned counsel for the applicant contends
that the provisions of Section 80(2) of the
Bhartiya Nyaya Sanhita, 2023 (B.N.S.) are
not attracted, as even assuming the truth of
the complainant's statement that the
deceased had complained of dowry
harassment in the morning of 24.05.2025,
she committed suicide by hanging herself
more than 36 hours thereafter. In view of
such a time gap, it is submitted that the act
of harassment on 24.05.2025 bears no
proximate causal link or immediate
antecedent to the act of suicide, and
therefore cannot be said to be the
proximate cause of her death.
5. Learned State Counsel has vehemently
opposed the prayer for bail.
6. In the facts of the present case, the
allegations against the applicant are largely
unsubstantiated and rest on ex post facto
narration, with no independent complaint or
prior complaint of dowry demand or
harassment ever having been made against
the applicant. The time gap of more than 36
hours between the alleged incident of
harassment on 24.05.2025 and the act of
2026:UHC:1915
suicide on 27.05.2025 militates against any
proximate causal link required under Section
80(2) of the Bhartiya Nyaya Sanhita, 2023.
The applicant has cooperated with the
investigation, and there is no material to
show flight risk or threat to witnesses.
Having regard to the nature of the
allegations, the possibility of a bona fide
dispute and the absence of specific credible
evidence against the applicant, without
expressing any opinion on the merits, the
applicant is entitled to be released on bail at
this stage.
7. The bail application is allowed.
8. Let the applicant, namely, Rijwan Ali
be released on bail, on executing personal
bond and furnishing two reliable sureties,
each of like amount, to the satisfaction of
Court concerned.
(Alok Mahra, J.)
19.03.2026
Arpan
ARPAN
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
2.5.4.20=eabb68a3895e41937c266c23964c04853654
45e3a20dddb7393398f9fe45ba3e,
JAISWAL
postalCode=263001, st=UTTARAKHAND,
serialNumber=060FC17022BEAE3DE215D68D9D454C
5109CB987446351E4DF04AADAA2C2CEA66,
cn=ARPAN JAISWAL
Date: 2026.03.19 14:59:06 +05'30'
