Delhi High Court Grants Bail to Akash Gupta in Dowry Death Case

Bail granted citing prolonged pre-trial incarceration, lack of custodial interrogation need, and absence of prior criminal history.

In a significant development, the Delhi High Court has granted bail to Akash Gupta, accused in a dowry death case under Sections 498A and 304B of the Indian Penal Code. The court's decision, delivered by Justice Sanjeev Narula, considered the prolonged pre-trial incarceration of over two and a half years, the completion of the investigation, and the absence of any criminal antecedents of the accused.

The case revolves around the tragic death of Moni Gupta, who was married to Akash Gupta on December 1, 2016. The incident came to light on April 4, 2023, when Moni was admitted to BJRM Hospital with suspected poison ingestion and subsequently declared dead. The prosecution alleged that Moni faced persistent cruelty and harassment related to dowry demands from her husband and his family.

Despite the gravity of the allegations, the court noted the lack of proximate, time-linked evidence of dowry-related harassment shortly before Moni's death. The statement of the couple's minor daughter, recorded under Section 164 of the Cr.P.C., was deemed insufficiently corroborated by medical evidence, as the post-mortem report showed no signs of external injuries.

The court underscored the importance of Article 21, reiterating the right to a speedy trial, and emphasized that bail should not serve as pre-trial punishment. It acknowledged the applicant's lengthy incarceration, absence of a need for further custodial interrogation, and the unlikelihood of trial concluding soon as key factors in the bail decision.

Akash Gupta is to be released on a personal bond of Rs. 25,000, along with two sureties. The court imposed stringent conditions to mitigate any risk of witness intimidation, requiring him to cooperate with any further investigation, refrain from tampering with evidence, and regularly report to the police.

This decision underscores the judiciary's delicate balance between safeguarding individual liberty and ensuring justice in cases with serious allegations.

Bottom Line:

Bail granted under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, considering prolonged pre-trial incarceration, lack of custodial interrogation requirement, and absence of prior criminal antecedents.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Indian Penal Code, 1860 Sections 498A, 304B, Indian Evidence Act, 1872 Section 113B

Akash Gupta v. State (NCT of Delhi), (Delhi) : Law Finder Doc Id # 2812898