Delhi High Court grants bail to Akash Gupta in a dowry death case, citing the absence of medically corroborated injuries and lack of specific dowry demand allegations. The ruling highlights the importance of prima facie evidence in pre-trial liberty.
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NEW DELHI: In a ruling, the Delhi High Court recently granted regular bail to Akash Gupta, a husband accused in a dowry death case, highlighting the importance of balancing pre-trial incarceration with the right to liberty under Article 21 of the Indian Constitution.
The case involved allegations under Sections 498A (cruelty), 304B (dowry death), and 34 (common intention) of the Indian Penal Code (IPC).
Case Background
Akash Gupta married Moni Gupta on December 1, 2016. On April 4, 2023, Moni Gupta was admitted to BJRM Hospital with suspected poison ingestion and later declared dead. Her father alleged that she had suffered persistent cruelty and dowry harassment by her husband and in-laws over several years.
The prosecution claimed that dowry articles worth ₹2,51,000 were given at the time of marriage, with an additional ₹2,00,000 paid in 2018, but alleged demands continued. The deceased’s minor daughter also provided a statement under Section 164 Cr.P.C., alleging prior acts of violence.
Arguments Before the Court
Defense Arguments:
- Senior Advocate Ms. Nandita Rao argued that Akash Gupta was falsely implicated.
- No prior complaints were lodged in six years of marriage.
- Allegations lacked specific dates or time references.
- Minor child’s statement, recorded two months after the incident, was vulnerable to tutoring.
- Post-mortem report showed no external injuries despite claims of beatings and burns.
- The applicant had been in custody for over 2.5 years with no witnesses examined.
Prosecution Arguments:
- Mr. Hitesh Vali, APP, relied on the statutory presumption under Section 113B of the Indian Evidence Act, 1872, applicable to unnatural deaths within seven years of marriage.
- Referred to allegations of 20-25 prior assaults and claims that the deceased was beaten on April 3, 2023.
- Cited a disclosure statement where Akash allegedly admitted to slapping the deceased.
Court’s Observations
Justice Sanjeev Narula examined whether the prima facie ingredients for presumption under Section 113B were met, focusing on whether cruelty occurred soon before death due to dowry demand.
Key observations included:
- Child witness statement: Relevant but delayed; lack of medical corroboration makes it weighty only at trial.
- Dowry demand allegations: Material on record lacked a specific reference to dowry immediately preceding the death.
- Medical evidence: No externally visible injuries to corroborate alleged assaults.
The Court concluded:
“The absence of medically-corroborated injuries and the lack of proximate, time-linked allegations of dowry demand cast a prima facie doubt on the necessary live link between alleged cruelty and the death.”
Taking into account more than 2.5 years of custody and the absence of examined witnesses, the Delhi High Court allowed bail. Akash Gupta was released on a personal bond of ₹25,000 with two sureties of the same amount.
ALSO READ: Dowry Death? Dying Declaration Sends Mother-In-Law To Jail For Life: District Court
Conditions imposed:
- Cannot leave the country without prior permission.
- Must appear before the trial court as directed.
- Must not induce or threaten witnesses.
- Must report to the concerned police station every three months.
The Court clarified that these observations were solely for bail purposes and would not influence the trial merits.
Case Title:
AKASH GUPTA versus STATE (NCT OF DELHI)
BAIL APPLN. 3131/2025 & CRL.M.A. 24315/2025
READ JUDGMENT
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