Allahabad HC flags judge’s bail order in dowry death case, suggests inquiry

The Allahabad High Court has asked its administrative side to consider whether an inquiry is needed against a trial judge for arbitrarily granting bail to a man in a dowry death case [Smt Seema Devi v State of UP and Another]

Justice Arun Kumar Singh Deshwal noted that when Additional Sessions Judge Satish Chandra Dwivedi was asked to explain how he had granted bail to the victim’s husband, even he could not justify his decision. 

Thus, the Court said there was “suspicion” in the exercise of the trial judge’s discretion as the bail order was passed without any reason. However, it declined to express any view on the integrity of the trial judge and referred the matter to its administrative side.

“Therefore, matter be placed before the Administrative Committee to consider whether any enquiry is required to be conducted against Sri Satish Chandra Dwivedi, learned Additional Sessions Judge, Court, No.1, Jalaun at Orai, regarding such erroneous and arbitrary exercise of power while releasing the opposite party no.2 (husband of the deceased) on bail despite sufficient material against him which attracts the presumption u/s 118 of BSA,” Justice Deshwal said.

The Court passed the order while dealing with an application seeking cancellation of the bail granted to the accused in the case registered last year at Sirsakalaar police Station in Jalaun district. 

It was argued that the trial court had failed to consider that the victim had died within seven years of marriage under unnatural circumstances and that there was evidence to show that soon before her death, she was subjected to cruelty for dowry.

In July, the High Court asked the trial judge to submit his explanation in the matter. The trial court judge conceded that there was evidence of harassment in the case but explained that he had granted bail on the ground of parity with the parents of the accused.

When the matter was taken up on September 1, Justice Deshwal opined that the discretion of bail was arbitrarily exercised by the trial court judge and proceeded to cancel the bail order. The Court directed the accused to surrender within 10 days.

Advocate Shahbaz Khan represented the petitioner.

Advocate Deepak Kumar Verma represented the accused.

Additional Government Advocate Roshan Kumar Singh represented the State.

[Read Order]