The Supreme Court recently cancelled the bail granted to a man accused in a dowry death case, noting that the Allahabad High Court committed an “egregious error” in releasing him despite serious allegations.A bench of Justices JB Pardiwala and Vijay Bishnoi set aside the order granting bail to the accused husband in a case involving the death of his wife while at her matrimonial home within seven years of marriage.“We are at pains to observe that the High Court has not even recorded the facts correctly far from the erroneous line of reasonings assigned for the purpose of grant of bail to the accused in a serious crime like dowry death,” the court observed in its order dated April 30.It cautioned that courts must be careful while granting bail in such serious offences, so that the order should not be seen or read by the society suggesting that serious crimes against women are being taken lightly.“All that we want to convey is that a bail court at any level should remain very careful to ensure that its order like the one impugned before us should not be seen or read by the society at large that the courts are taking serious crimes against women very lightly,” the court observed. Justices JB Pardiwala and Vijay BishnoiCourt questions ground of granting bailThe top court found that the high court had passed the order of bail on the grounds of delay in lodging the FIR. The bench, however, noted that the FIR was lodged the very next day after the death.“The High Court has talked about delay in the registration of the FIR and its effects. We fail to understand the basis for the High Court to say that there was a delay in the registration of the FIR. The deceased died on 11.07.2024 and no sooner the parents learnt about the death of their daughter then on the very next date, i.e., on 12.07.2024 the FIR came to be lodged,” the apex court observed.Story continues below this adThe court questioned whether delay in lodging the FIR should by itself be a ground to release the accused in a serious crime like dowry death.“Assuming for the moment that there was some delay in lodging the FIR, should that by itself in a serious crime like dowry death be a ground to release the accused on bail?,” the court asked.It held that the high court committed an error in exercising its discretion in favour of the accused especially considering the serious nature of the crime.“We are of the view that the High Court committed an egregious error in exercising its discretion in favour of the accused more particularly having regard to the serious nature of the crime,” the court said.Story continues below this adEmphasising on the law relating to grant of bail, the court observed that the high court must consider the nature of the crime and a prima facie case while deciding bail pleas.“There being serious allegations of demand of dowry and incessant harassment caused to the deceased, the High Court should have kept in mind the provisions of Section 118 of the Bharatiya Sakshya Adhiniyam, 2023,” the top court remarked.Section 118 says that, “When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death, such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death.”Rise in dowry death casesThe bench expressed concern over the rising instances of dowry deaths, particularly in states like Uttar Pradesh, noting that young women are often subjected to harassment or killed within their matrimonial homes for dowry.Story continues below this ad“Over a period of time, we have noticed that in the State of Uttar Pradesh, young girls just married are being killed mercilessly at their matrimonial home for want of dowry. Either they are forced to commit suicide due to incessant harassment or are murdered for want of more dowry,” the court said.It noted that despite being given better educational opportunities and encouragement to be independent, women continue to bear the brunt of dowry demands even after marriage.The court remarked that an written norm dictates Indian marriages wherein if the groom earns a handsome salary, the bride’s family often feels pressured to provide a larger dowry to avoid any displeasure on his part.The court allowed the appeal filed by the victim’s father and cancelled the bail of the accused.Story continues below this adCaseAn FIR was lodged by the victim’s father alleging that his daughter was subjected to continuous harassment and cruelty over dowry demands, including cash and a car.According to the prosecution, the woman was found dead under suspicious circumstances at her matrimonial home.