Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 15529 (UTT)

ASIF v. STATE OF UTTARAKHAND

BA1/1189/2025 · 2025-12-05

Alok Mahra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 1189 of 2025 Hon ’ble Alok Mah r a, J. Mr. Gaurav Singh, learned counsel for the applicant. 2. Mr. S.S. Chauhan, learned Deputy Advocate General alongwith Mr. Vikas Uniyal, learned Brief Holder for the State. 3. Mr. Mohd. Safdar, learned counsel for the complainant. 4. The applicant – Asif, who is in judicial custody in connection with FIR/ Case Crime No. 43 of 2025, under Section 80 of BNS, 2023, registered at P.S.- Piran Kaliyar, District Haridwar, has sought his release on bail. 5. In this case, an FIR was lodged by the father of the deceased, wherein, it was alleged that the marriage of accused and the deceased was solemnized on 04.11.2018. Since, her marriage, the deceased was continuously harassed physically and mentally by the accused. On 12.02.2025, the deceased called her brother that her in- laws are treating her with cruelty for demand of dowry and ultimately, on 13.02.2025, brother of the deceased got a phone call from the accused that they are taking the deceased to the doctor. When the complainant alongwith family members reached the hospital, her daughter was found dead. 6. Heard learned counsel for the parties and perused the records. 7. Learned counsel for the applicant would submit that the ingredients of Section 80 of the BNS are not made out against the applicant; that there are four ingredients to constitute the offence under Section 80 of the BNS, which are as hereunder: - “ 1. Deat h by Bur n s, Bodily I n j ur y, or Un nat u r al Cir cum st an ces The death of a woman must be caused by burns, bodily injury, or must have occurred otherwise than under normal circumstances. 2 . Deat h W it h in Seven Year s of Mar r iage The death must have occurred within seven years of the woman's marriage. This temporal limitation is crucial for the applicability of dowry death provisions. 3 . Cr u elt y or Har assm en t Befor e Deat h Soon before her death, the woman must have been subjected to cruelty or harassment by her husband or any relative of her husband. 4 . Con n ect ion w it h Dow r y Dem and The cruelty or harassment must be for or in connection with any demand for dowry.” 8. Learned counsel for the applicant would further submit that in the present case, the marriage of the applicant with the deceased was solemnized six and a half years ago and there were cordial relationship between them and in these six and a half years, no report was lodged against the accused by the complainant; that as per the investigation, complainant and his sons were running a dairy business and they used to supply the milk to the deceased family every day. Learned counsel for the applicant has drawn the attention of the Court to the statement of the complainant, which is recorded as PW1 wherein he has categorically stated that there was no demand of dowry from the accused. 9. Per contra, learned State Counsel vehemently opposed the bail application and would submit that the offence alleged is of a grave and heinous nature. 10. Having considered the submissions, under the facts and circumstances of the case, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 11. Accordingly, the present bail application is allowed. 12. Let the applicant be released on bail on his executing a personal bond and furnishing two reliable sureties each of the like amount, to the satisfaction of the court concerned. ( Alok Mah r a J.) 05.12.2025 Ujjwal