In a stern rebuke of the discretionary powers exercised by the Allahabad High Court, the Supreme Court of India has cancelled the bail granted to a man accused in a dowry death case. A Bench comprising Justice JB Pardiwala and Justice Vijay Bishnoi expressed profound dissatisfaction with the High Court's decision, asking, "What is wrong with this High Court? In cases where bail should not be granted, bail is granted."
The case involves the death of a woman in July 2024, just five years after her marriage. The post-mortem report revealed external injuries and signs of strangulation, leading to charges under Section 304B (dowry death) of the Indian Penal Code. Despite these prima facie findings, the Allahabad High Court had granted bail to the husband, a decision that was promptly challenged by the deceased woman’s father in the apex court.
Justice Pardiwala emphasized that in cases of death occurring within seven years of marriage under suspicious circumstances, the law mandates a specific presumption under Section 113B of the Indian Evidence Act. The Court noted that the High Court appeared to have overlooked the gravity of the ante-mortem injuries and the statutory presumption of dowry death when it exercised its discretion to release the accused.
During the hearing, the Court took a dim view of the "flimsy arguments" presented by the defense and the state’s suggestion that the accused’s 18-month stint in custody warranted a lenient view. Justice Pardiwala pointedly remarked that the nature of the injuries suggested a brutal crime, stating, "This is a case of murder... She has been strangulated to death."
This is not the first time the Allahabad High Court has faced such criticism from the apex court. The judgment notes a pattern of "mechanical orders" and inconsistent bail decisions coming from the High Court, which have previously drawn "shock" and "disappointment" from various Supreme Court benches. The Court observed that while the trial is ongoing, the overall circumstances rendered the initial bail order unsustainable in law.
The Supreme Court has now directed the accused to surrender before the jail authorities within one week. Furthermore, to ensure that the search for justice does not languish, the Trial Court has been instructed to make every endeavor to conclude the trial within one year.
This ruling serves as a vital reminder of the high threshold required for bail in cases of heinous crimes against women. It reinforces the principle that judicial discretion is not absolute and must be guided by the weight of evidence and the clear mandates of the law.
For the legal community, the "What’s wrong with Allahabad High Court?" remark highlights a growing concern regarding judicial consistency across different levels of the Indian court system. As the case moves toward an expedited trial, the focus remains on ensuring that the legal process honors the gravity of the loss of life.