'Fake' Cases On Rise: As Informant Turns Hostile, Allahabad HC Grants Bail In 'Dowry Death' Case Where SC Saw 'Prima Facie' Evidence

Highlighting the "stark reality of the society" in the matrimonial cases, the Allahabad High Court (Lucknow Bench) recently granted bail to an accused (Father-in-Law) in a dowry death case, observing that "fake cases of demand of dowry are on the rise". The relief was granted by Justice Pankaj Bhatia after the informant (brother of the deceased), who had previously approached the Supreme Court to cancel the accused's bail, turned hostile during the trial and 'resiled' from his allegations. Interestingly, the order comes mere months after the Supreme Court of India had cancelled the bail of the same accused (and his wife) after observing that there was prima facie evidence regarding dowry demand and domestic violence. It may further be noted that in this very case, criticizing the Mechanical approach of the HC in granting bail earlier, the Top Court held that "when a young bride dies under suspicious circumstances within barely two years of marriage, the judiciary must reflect heightened vigilance and seriousness". Read more about the Supreme Court's observations here : Granting Bail In Dowry Death Cases Despite Evidence Of Direct Involvement Shakes Public Confidence In Judiciary : Supreme Court [Shabeen Ahmed v State of UP 2025 LiveLaw (SC) 278] Background Earlier this year, the victim's brother (the informant) challenged the initial grant of bail to the father-in-law and a mother-in-law in a case of alleged dowry death of their daughter-in-law, before the Supreme Court. In its judgment dated March 3, 2025, a Supreme Court bench of Justice Vikram Nath and Justice Sandeep Mehta had taken a serious view of the medical evidence, which showed "asphyxia due to ante-mortem strangulation" and traumatic injuries on the deceased. Cancelling the bail, the Supreme Court had noted: "The social message from the judicial orders cannot be overstated when a young bride dies under the suspicious circumstances merely within two years of marriage... The gravity of the allegations, ranging from demands for costly gifts to the infliction of brutal injuries, demonstrates a strong prima facie case against them". The Top Court had directed the accused, Mukhtar Ahmad (father-in-law), to surrender as it emphasizing that allowing prime perpetrators to remain on bail would undermine public confidence in the justice system. Following the Supreme Court's order, the accused surrendered and the trial commenced. However, the case took a different turn when the PW-1 (informant) was declared hostile as he stated the allegations were stated at the instance of the members of the society and at the time of the inquest (Panchnama), he had stated that the victim committed suicide. In view of this development, the applicant (father-in-law) moved the present second bail plea , where Justice Pankaj Bhatia also took into account the testimony of the PW-2 who also did not support the prosecution as he stated that his daughter was "neither harassed for dowry nor was killed." In fact, other relatives, including the maternal uncle and elder sister of the deceased, were also declared hostile. Taking into account these developments, Justice Bhatia termed the situation a "very unfortunate case" where the informant took a stringent stand before the Supreme Court only to completely retract his statements during the trial. Distinguishing the present situation from the one that existed before the Supreme Court, the High Court observed: " Considering the said statements, it is essential to notice that fake cases of demand of dowry are on the rise, as is evident from the present case where the informant, challenged the order of grant of bail before the Supreme Court and thereafter has resiled from the said statements and have not supported the prosecution version, this fact cannot be ignored by this court." The Court remarked that the informant's conduct "indicates the stark reality of the society". Thus, Noting that the accused had been in custody since March 17, 2025, and that the prosecution witnesses had not supported the allegations, the High Court allowed the bail application. The applicant was directed to be released on furnishing a personal bond and two reliable sureties of Rs. 20,000 each.Case in briefThe case pertains to the death of a woman Ms. Shahida Bano in January 2024, within two years of her marriage. She was found dead in her matrimonial home with a dupatta tied around her neck and tied to a ceiling fan. Since the post-mortem report suggested forced strangulation before death, a case was registered for the offences under Section 304B(dowry death), 498A(cruelty) of the Indian Penal Code and the provisions of the Dowry Prohibition Act against the husband and in-laws of the deceased.The Allahabad High Court granted bail to the father-in-law, mother-in-law, and two sisters-in-law, citing lack of criminal antecedents etc. Challenging ...

'Fake' Cases On Rise: As Informant Turns Hostile, Allahabad HC Grants Bail In 'Dowry Death' Case Where SC Saw 'Prima Facie' Evidence

Sparsh Upadhyay

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