High Court

1. Heard Sri Santosh Kumar Shukla, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder for the State-respondent.

2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.315 of 2024, under Section 85, 80(2) B.N.S. and Section 3/4 D.P. Act, Police Station Phaphund, District Auraiya during pendency of the trial.

3. FIR of the present case was lodged on 28.09.2024 against the applicant and his family members and according to FIR marriage of the applicant was solemnized with the daughter of the informant on 22.02.2023 and after marriage applicant and his family members tortured her for demand of money and on 28.09.2024 informant received an information that they have committed the murder of his daughter due to want of dowry.

4. Learned counsel for the applicant submits, however applicant is husband of the deceased but on the basis of false allegation of demand of dowry and torture, he has been made accused in the present matter along with his family members.

5. He next submitted that actually deceased was short tempered lady and on minor matrimonial issues she used to create scene and about two days before she returned from her paternal home and on some petty matrimonial issues dispute arose between husband and wife and thereafter in rash she hanged herself.

6. He further submits immediately after the incident informant side and police was informed by the applicant side and on the information given by father of the applicant inquest was conducted and this fact is evident from the inquest report which has been annexed along with the instant bail application and after inquest next day FIR of the instant case was lodged and this fact suggest subsequently after due consultation on the basis of false and frivolous allegation FIR of the present case was lodged.

7. He further submits that postmortem report of the deceased also suggest that she died due to hanging, therefore, prima faice it appears that it is a case of suicidal death.

8. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 29.09.2024. i.e. for last almost five months.

9. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is husband of the deceased and his wife died within two years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but he could not dispute the fact that neither in the FIR nor in the statement recorded during investigation informant disclosed any specific demand of dowry. He further could not dispute the fact that deceased died due to hanging and on the information given by father of the applicant inquest was conducted and FIR was lodged next day from the date of inquest.

10. I have heard learned counsel for the parties and perused the record of the case.

11. However, applicant is husband of the deceased and his wife died within two years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but from perusal of the FIR and the statement of the informant recorded during investigation it reflects that he only stated that applicant and his family members demanded money but what was the amount it has not been disclosed by him either in the FIR or in his statement therefore, it appears on the basis of vague allegation of demand of dowry FIR of the present case was lodged.

12. Further, from postmortem report it reflects deceased died due to hanging, therefore, prima faice it appears that it is a case of suicidal death and reason of suicide given by the applicant in the instant application cannot be completely brushed aside at this stage.

13. Further from the inquest report it reflects that on the information furnished by the father of the applicant it was conducted and this fact shows bonafide on the part of the applicant side. Further, FIR of the present case was lodged after one day of the inquest.

14. Further, applicant is not having any criminal history and in the present matter he is in jail since 29.09.2024. i.e. for last almost five months.

15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

17. Let the applicant -Rahul Alias Vijay Bahadur be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.

18. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

19. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 19.2.2025 Neeraj

1. Heard Sri Santosh Kumar Shukla, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder for the State-respondent.

2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.315 of 2024, under Section 85, 80(2) B.N.S. and Section 3/4 D.P. Act, Police Station Phaphund, District Auraiya during pendency of the trial.

3. FIR of the present case was lodged on 28.09.2024 against the applicant and his family members and according to FIR marriage of the applicant was solemnized with the daughter of the informant on 22.02.2023 and after marriage applicant and his family members tortured her for demand of money and on 28.09.2024 informant received an information that they have committed the murder of his daughter due to want of dowry.

4. Learned counsel for the applicant submits, however applicant is husband of the deceased but on the basis of false allegation of demand of dowry and torture, he has been made accused in the present matter along with his family members.

5. He next submitted that actually deceased was short tempered lady and on minor matrimonial issues she used to create scene and about two days before she returned from her paternal home and on some petty matrimonial issues dispute arose between husband and wife and thereafter in rash she hanged herself.

6. He further submits immediately after the incident informant side and police was informed by the applicant side and on the information given by father of the applicant inquest was conducted and this fact is evident from the inquest report which has been annexed along with the instant bail application and after inquest next day FIR of the instant case was lodged and this fact suggest subsequently after due consultation on the basis of false and frivolous allegation FIR of the present case was lodged.

7. He further submits that postmortem report of the deceased also suggest that she died due to hanging, therefore, prima faice it appears that it is a case of suicidal death.

8. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 29.09.2024. i.e. for last almost five months.

9. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is husband of the deceased and his wife died within two years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but he could not dispute the fact that neither in the FIR nor in the statement recorded during investigation informant disclosed any specific demand of dowry. He further could not dispute the fact that deceased died due to hanging and on the information given by father of the applicant inquest was conducted and FIR was lodged next day from the date of inquest.

10. I have heard learned counsel for the parties and perused the record of the case.

11. However, applicant is husband of the deceased and his wife died within two years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but from perusal of the FIR and the statement of the informant recorded during investigation it reflects that he only stated that applicant and his family members demanded money but what was the amount it has not been disclosed by him either in the FIR or in his statement therefore, it appears on the basis of vague allegation of demand of dowry FIR of the present case was lodged.

12. Further, from postmortem report it reflects deceased died due to hanging, therefore, prima faice it appears that it is a case of suicidal death and reason of suicide given by the applicant in the instant application cannot be completely brushed aside at this stage.

13. Further from the inquest report it reflects that on the information furnished by the father of the applicant it was conducted and this fact shows bonafide on the part of the applicant side. Further, FIR of the present case was lodged after one day of the inquest.

14. Further, applicant is not having any criminal history and in the present matter he is in jail since 29.09.2024. i.e. for last almost five months.

15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

17. Let the applicant -Rahul Alias Vijay Bahadur be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.

18. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

19. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 19.2.2025 Neeraj