"Dowry" Allegations and Death : Supreme Court Cancels Bail Granted to Accused
In case of Yogendra Pal Singh v. Raghvendra Singh @ Prince [2025] GCtR 1771 (SC), it was observed that Court cannot lose sight of the fact that marriage, in its true essence, is a sacred and noble institution founded on mutual trust, companionship, and respect. However, in recent times, this pious bond has regrettably been reduced to a mere commercial transaction. The evil of dowry, though often sought to be camouflaged as gifts or voluntary offerings, has in reality become a means to display social status and to satiate material greed.
It was held that once the prosecution establishes the ingredients of Section 304-B of IPC, the presumption under Section 113B of the Indian Evidence Act, 1872 must be drawn. The words “soon before her death” have to be understood in a practical manner, and the proximity of the cruelty to the death must be established to invoke the presumption.
It was held that the power under Section 439(2) of Code of Criminal Procedure, 1973 to cancel bail may be invoked not only at the instance of the State but also by any aggrieved party.
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