Hostile testimonies of key witnesses negate live nexus between dowry demand and death under Section 80(2) BNS.

In brief

The question

1. Whether the applicant is entitled to bail under Section 80(2) of the BNS in light of the testimonies provided by the primary prosecution witnesses (P.W.-1 and P.W.-2).

The court held

The Court held that the applicant made out a fit case for the grant of bail as the primary witnesses did not support the prosecution's case regarding dowry-related cruelty.

It also directed

The Court allowed the bail application and ordered the release of the applicant upon executing a personal bond and furnishing two reliable sureties to the satisfaction of the trial court.

01Facts

The applicant, Pankaj Giri, was arrested in connection with FIR No. 606 of 2025 (S.T. No. 162 of 2025) for an offence under Section 80(2) of the Bharatiya Nyaya Sanhita (BNS).

¶ 3

The complaint, filed by the mother of the deceased on 07.09.2025, alleged that the applicant and other in-laws harassed the deceased since her marriage to the applicant's brother.

¶ 5

On 06.09.2025, the deceased reportedly called her family alleging a physical assault, and was later found dead by hanging.

¶ 5

During the trial, both the mother of the deceased (P.W.-1) and the sister-in-law (P.W.-2) turned hostile or retracted, testifying that the applicant never made dowry demands, took proper care of the deceased, and did not subject her to cruelty.

¶ 7-8

The applicant’s prior bail application was rejected by the lower court on 26.02.2026.

¶ 8

02Issues

i.1. Whether the applicant is entitled to bail under Section 80(2) of the BNS in light of the testimonies provided by the primary prosecution witnesses (P.W.-1 and P.W.-2).

¶ 10

ii.2. Whether the prosecution established a proximate and live link between the alleged cruelty/harassment for dowry and the death of the deceased.

¶ 10

03Law Applied

The Court applied Section 80(2) of the Bharatiya Nyaya Sanhita (BNS), which addresses dowry deaths.

¶ 3

The court emphasized the legal principle that for an offense to be made out under this section, there must be a "proximate and live link" between the alleged cruelty or harassment related to dowry demands and the subsequent death of the person.

¶ 10

Provisions in the judgment · 2 · Linked ones open on LawLens

Bharatiya Nyaya Sanhita, 2023 Section 80

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 80

04Reasoning

The Court analyzed the evidence presented during the trial, specifically the testimonies of P.W.-1 (the mother) and P.W.-2 (the sister-in-law). It observed that these key relatives categorically deposed that the applicant never made dowry demands and treated the deceased with care.

¶ 7

The Court noted that the State Counsel conceded that these testimonies contained no allegations of cruelty, harassment, or dowry demands.

¶ 9

Consequently, the Court found that the prosecution failed at this stage to establish the mandatory "live link" or "proximate link" between any harassment and the act of suicide.

¶ 10

Given that the applicant is a permanent resident and the trial is expected to take considerable time, the Court determined there was no risk of absconding or tampering.

¶ 8

05Holding

The Court held that the applicant made out a fit case for the grant of bail as the primary witnesses did not support the prosecution's case regarding dowry-related cruelty.

¶ 10

The Court allowed the bail application and ordered the release of the applicant upon executing a personal bond and furnishing two reliable sureties to the satisfaction of the trial court.

¶ 11-12

LawLens.Uttarakhand High Court

Original Court PDF