Bail Granted to Distant Relatives Where General Allegations of Dowry Harassment Lack Specificity and Proximity.

The applicants, Kunwar Singh (brother-in-law) and Rajesh (father-in-law), were arrested on 28.11.2025 in connection with Crime No. 397/2025.

The deceased, Muskan, committed suicide by hanging on 27.10.2025 at her matrimonial home after a love marriage with Rakesh.

Allegations were made by the prosecution that the applicants harassed the deceased over inadequate dowry during visits to the rented premises where the couple resided.

The applicants contended they lived separately from the couple and were falsely implicated due to the family's grief.

1. Whether the applicants are entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering their custodial period, family ties, and the nature of allegations.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 [formerly Section 439 of the CrPC] regarding the High Court's power to grant bail.

Sections 80(2) [Dowry Death] and 3(5) [Common Intention] of the Bharatiya Nyaya Sanhita (BNS), 2023.

The Court also considered the principle that pretrial incarceration should not be unnecessarily prolonged where there is no risk of fleeing or tampering with evidence.

The Court observed that the applicants had been in judicial custody since 28.11.2025 and that the final report had already been submitted.

It noted that the deceased and her husband lived in a rented house, separate from the applicants, which supported the defense's argument regarding limited involvement in daily affairs.

the State acknowledged that the applicants had no prior criminal antecedents.

The Court found that since co-accused Guddi Bai and Shivvati had already been granted bail, and there was no evidence suggesting a likelihood of recidivism, tampering with evidence, or fleeing from justice, the applicants’ continued incarceration was no longer compelling.

The Court held that the applicants should be released upon furnishing a personal bond of Rs. 50,000/- each with one surety of the same amount subject to conditions including mandatory attendance at all hearings, non-commission of similar offences, and a prohibition against influencing witnesses or tampering with evidence.