In a significant order concerning dowry death allegations and anticipatory bail jurisprudence, the Madhya Pradesh High Court, in State of Madhya Pradesh v. Smt. Giribala Singh, quashed the anticipatory bail granted to Giribala Singh, the mother-in-law of deceased Twisha Sharma. The Court observed that the trial court had ignored relevant material available in the case diary and granted anticipatory bail at a stage when the investigation was still at its threshold.
The order, delivered by Justice Devnarayan Mishra on 27 May 2026, also emphasised that courts dealing with dowry death allegations must exercise heightened caution while considering anticipatory bail applications.
Background of the Case
Twisha Sharma married Samarth Singh, son of respondent Giribala Singh, on 9 December 2025, according to Hindu rites and ceremonies. According to the prosecution, dowry and gifts were given at the time of marriage.
On 12 May 2026, Twisha Sharma allegedly died by hanging in suspicious circumstances at her matrimonial home in Bhopal. A merg inquiry was initiated under Section 194 of the Bharatiya Nagarik Suraksha Sanhita, following which FIR No.133/2026 was registered at Police Station Katara Hills, Bhopal for offences under Sections 80(2), 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, along with Sections 3 and 4 of the Dowry Prohibition Act, 1961.
Subsequently, the investigation was transferred to the Central Bureau of Investigation (CBI), which registered FIR No. RC0522026S0004.
Meanwhile, Giribala Singh obtained anticipatory bail from the 10th Additional Sessions Judge, Bhopal, on 15 May 2026. The State as well as the deceased’s father challenged that order before the High Court.
Allegations Raised by the Deceased’s Family
The father of the deceased and the prosecution heavily relied upon WhatsApp chats allegedly sent by Twisha Sharma before her death. According to the prosecution, these chats revealed severe mental harassment and pressure from her husband and in-laws.
The deceased allegedly informed her family members that:
- Her husband and family members accused her of drug addiction.
- She was not allowed to live peacefully or even cry openly.
- Her husband doubted the paternity of the unborn child.
- She was allegedly told that she could continue living in the matrimonial home only if she terminated her pregnancy.
- She repeatedly requested her family members to take her back home.
The prosecution further alleged that:
- The deceased’s father frequently transferred money to support her because her matrimonial family was not supporting her financially.
- The family of the deceased was not properly informed during the inquest proceedings.
- After securing anticipatory bail, Giribala Singh allegedly conducted a press conference and made statements maligning the character of the deceased.
- CCTV footage from the house was allegedly tampered with and selective clips were leaked on social media.
The prosecution also highlighted that Giribala Singh was a retired judicial officer trained in cyber forensics and crime scene management, and therefore had the capability to influence evidence and tamper with digital material.
Prosecution’s Case Before the High Court
Appearing for the prosecution, the Advocate General and the CBI argued that the trial court failed to appreciate several critical circumstances before granting anticipatory bail.
Alleged Forced Abortion and Character Assassination
The prosecution contended that after Twisha Sharma became pregnant, disputes arose within the matrimonial family. It was alleged that the husband and mother-in-law doubted her character and pressured her to terminate the pregnancy. Relevant WhatsApp chats dated 30 April 2026, 7 May 2026, 9 May 2026 and 11 May 2026 were relied upon to support these allegations.
Postmortem Findings
The first postmortem conducted at AIIMS Bhopal reportedly found six ante-mortem injuries on the deceased’s body, including injuries on the arm, finger, and head. According to the prosecution, these injuries could not have been caused while removing the body from the ligature.
Non-Cooperation with Investigation
The prosecution argued that despite repeated notices dated 20 May, 21 May and 23 May 2026, the respondent did not cooperate with the investigation agency after obtaining anticipatory bail.
Influence Over Investigation
The prosecution also alleged that influential persons close to the accused were present during the postmortem proceedings. It was argued that custodial interrogation was necessary because the investigation was still at an early stage and there were concerns regarding tampering of evidence and influence over witnesses.
Defence Arguments
Senior counsel appearing for Giribala Singh argued that the deceased had committed suicide and that the respondent had immediately rushed her to AIIMS Bhopal after the incident. It was submitted that:
- Police had already seized the ligature, mobile phones, DVR, and other material on 13 May 2026 itself.
- The respondent had cooperated with the investigation.
- The WhatsApp chats primarily contained allegations against the husband and not against the mother-in-law.
- Several photographs and documents allegedly showed that the respondent cared for the deceased.
The defence relied on precedents, including Savitri Agarwal v. State of Maharashtra, to argue that bail, once granted, should not be cancelled in the absence of cogent and overwhelming circumstances.
High Court’s Analysis
After examining the case diary, witness statements, WhatsApp chats, and postmortem material, the High Court found serious infirmities in the Sessions Court’s order granting anticipatory bail.
Trial Court Ignored Relevant Material
The High Court observed that the Sessions Court focused excessively on defence documents while failing to adequately consider prosecution evidence, including witness statements and WhatsApp conversations.
The Court specifically noted that the trial court incorrectly concluded that the allegations were directed only against the husband. According to the High Court, statements recorded on 13, 14 and 15 May 2026 clearly contained allegations against both the husband and the mother-in-law.
Ante-Mortem Injuries Raised Serious Questions
The Court gave significant importance to the medical evidence showing six ante-mortem injuries on the body of the deceased. It also noted the query report, which clarified that these injuries were not caused while taking down the body from the hanging position.
Dowry Allegations Could Not Be Ignored
The Court rejected the argument that money transfers made to the deceased disproved dowry demands. It held that the timing and context of those transfers did not establish the absence of dowry harassment.
Investigation Was at a Preliminary Stage
The Court emphasised that the investigation was still at an initial stage and custodial interrogation could be necessary considering the seriousness of allegations and possibility of tampering with evidence.
Legal Principles on Anticipatory Bail
The High Court extensively relied upon Supreme Court precedents relating to anticipatory bail and cancellation of bail, including:
The High Court also referred to the Supreme Court’s warning in dowry death cases that anticipatory bail applications require exceptional caution because such offences have deep societal consequences.
High Court’s Order
After considering the entire material on record, the High Court held that the anticipatory bail granted to Giribala Singh suffered from legal infirmities and failed to consider material evidence.
Consequently, the Court quashed the anticipatory bail order dated 15 May 2026 passed by the 10th Additional Sessions Judge, Bhopal.
The petitions filed by the State and the deceased’s father were accordingly allowed.
Conclusion
The order of the Madhya Pradesh High Court in the Twisha Sharma dowry death case underscores the judiciary’s cautious approach in matters involving allegations of dowry harassment, forced abortion, and suspicious matrimonial deaths occurring shortly after marriage.
The order reiterates that anticipatory bail cannot be granted mechanically in serious offences, especially when the investigation is at a nascent stage, and there exist allegations of influence, tampering of evidence, or non-cooperation. It also reinforces the principle that superior courts can intervene when bail orders ignore crucial evidence or run contrary to settled legal principles.
As the investigation now proceeds under the supervision of the Central Bureau of Investigation, the case is expected to remain under close public and legal scrutiny due to the gravity of allegations and the broader concerns surrounding dowry-related violence in India.
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