BAIL APPLN./3115/2026 of AMIT KUMAR Vs STATE (NCT OF DELHI) on 24 September 2026

O R D E R

% 24.09.2026

1. This hearing has been done through hybrid mode.

2. By way of the present application under Section 483 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), the applicant is seeking grant of Regular Bail in connection with FIR No. 742/2025 for the offence punishable under Section 80(2) of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’), registered at Police Station Dabri, Delhi.

3. Learned Sr. counsel for the petitioner submits that the petitioner is serving in the Army and, at the time of the incident, was posted in Jammu and was not present at the place of the incident.

4. Learned Sr. counsel further submits that immediately prior to the death of the deceased wife, there was no demand for dowry. It is submitted that, in the initial statement given by the father of the deceased, he did not make any allegations against the petitioner or allege any demand for dowry; however, subsequently, all these allegations have been made.

5. Learned Sr. counsel further submits that the deceased wife was suffering from certain psychological problems and was undergoing treatment. He has annexed the medical records of the deceased, which show that she was being treated at AIIMS, BHU, etc.

6. Per contra, learned counsel for the complainant as well as learned APP for the State submits that there were constant demands for dowry and that, although the petitioner was not present at the spot, the same does not absolve him of his responsibility or liability. It is further submitted that the medical documents are yet to be verified by the IO and that the statements of the witnesses show that, immediately prior to the death, there was a demand for dowry. Keeping in view the nature of the allegations and the gravity of the offence, it is submitted that the bail application be rejected.

7. This Court has heard both the parties.

8. It is an admitted position that the petitioner is serving in the Army and was posted in Jammu at the time of the incident. The marriage between the parties took place on 20.04.2025, and the deceased died on 24.08.2025. There are various medical documents placed on record, which are not only from a private hospital but also from AIIMS and BHU, which show that the deceased was suffering from a psychological disorder. The IO has also mentioned this fact in the charge-sheet.

9. There are no allegations that, immediately prior to the death, the petitioner was in constant touch with the deceased or that he had instigated her. The fact remains that the petitioner was not present at the spot, and the deceased fell from the fourth floor and died.

10. Keeping in view the facts and circumstances of the case, the petitioner is directed to be released on regular bail on furnishing a bail bond in the sum of Rs. 50,000/- with one surety of the like amount, to the satisfaction of the learned Trial Court, subject to the following conditions: i. The petitioner shall not leave India without the prior permission of the learned Trial Court.

ii. The petitioner shall intimate the learned Trial Court, by way of an affidavit, and the Investigating Officer regarding any change in his residential address.

iii. The petitioner shall appear before the learned Trial Court as and when the matter is taken up for hearing.

iv. The petitioner is directed to provide his mobile number to the Investigating Officer and keep the same operational at all times. v. The petitioner shall not, directly or indirectly, tamper with the evidence or try to influence any witness in any manner.

11. A copy of this order be sent to the concerned Jail Superintendent for necessary information and compliance.

12. The application is allowed and disposed of accordingly. Pending application(s), if any, also stand disposed of.

13. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 24, 2026/ys/yt