Denial of Bail to Husband Where Proximity of Marriage and Dying Declaration Establish Cruelty and Statutory Presumption

The applicant, the husband of the deceased, sought a First Bail Application under Section 483 of the BNSS following his arrest in connection with Crime No. 497/2025

The parties were married on 16.01.2025; however, on 21.10.2025, within nine months of marriage, the deceased committed suicide by hanging in her matrimonial home

Prior to her death, she recorded and uploaded a video alleging harassment and dowry demands by the applicant and his family

The applicant contended the suicide followed a trivial argument over a TV remote and that co-accused family members had already been granted bail

Whether the applicant is entitled to regular bail under Section 483 of the BNSS considering the nature of the allegations and the statutory presumption against him

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regarding bail and Sections 80 (Dowry death/Abetment) and 3(5) (Common intention) of the Bharatiya Nyaya Sanhita (BNS), 2023

The court also invoked the statutory presumption applicable in cases where a woman commits suicide within seven years of marriage under unnatural circumstances in her matrimonial home, particularly when allegations of dowry harassment are substantiated by near-contemporaneous evidence

The Court observed that the marriage lasted less than a year, falling squarely within the period where statutory presumptions regarding dowry death apply.

The Court emphasized that a video recorded by the deceased shortly before her death specifically named the applicant, providing prima facie evidence of continuous harassment and cruelty.

While the applicant argued for parity since co-accused relatives were granted bail, the Court distinguished his position as the husband, noting that he stands on a "different footing" due to the direct and specific nature of the allegations against him as compared to the in-laws.

The Court found that the proximity of the marriage to the death and the gravity of the material evidence outweighed the applicant's lack of criminal antecedents or the length of his detention.

The bail application of Purvendra Puri Goswami was rejected and the trial court was directed to proceed with and conclude the trial expeditiously.