Allahabad High Court
Case Details
It is argued by learned counsel for the applicant that the applicant is husband of the deceased and he has been falsely implicated in this case. General allegation of demand of dowry has been levelled 2 BAIL No. 32500 of 2025 against all the accused persons. The deceased died herself by committing suicide. Referring the statement under Section 180 BNSS of the complainant, it is pointed out that information about the said unfortunate incident was given by Reshamwati, who is accused and sister-in-law (bhabhi) of the applicant. As soon as the incident took place on 16.01.2025, the applicant in order to save life of his wife, took her to Shri Rammurti Smarak Institute of Medical Sciences at 11:35 A.M. where she died during her treatment on the same day at 11:41 A.M. It is also pointed out that information about the death of the deceased in the hospital was given by security guard to the police, on which inquest proceeding of the dead body of the deceased was conducted, in which the complainant as well as the applicant were very much present and post mortem of the deceased was conducted on 16.01.2025. Thereafter, dead body of the deceased was cremated by the applicant in presence of the deceased's parents and other family members but they do not make allegation against the applicant and his family members. After four days, the complainant in order to settle his personal score, got the F.I.R. lodged on 21.01.2025 with regard to the incident dated 16.01.2025. The applicant does not have any criminal history to his credit. Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 12.02.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant reiterating the prosecution case as mentioned in the F.I.R. but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that as per the post mortem report, cause of death of the deceased is ante mortem hanging and except the ligature mark, no other injury has been found on the body of the deceased. The applicant and his family members were also present at the spot and also participated in the inquest proceeding, which shows natural conduct of in-laws of the deceased and the same are one of the relevant factor for considering bail. 3 BAIL No. 32500 of 2025 Here it is also relevant to mention that the parameters for considering the bail of accused pending trial and conviction or acquittal of accused after adducing evidences by both the parties before the trial Court are different. This Court is of the view that each case turns on its own facts and circumstances. Even a little difference between the facts of two cases, may alter the entire aspect. In view of the provisions under Sections 117 and 118 of Bhartiya Sakshya Adhiniyam, 2023, it is not that the Courts will shut eyes and act as a silent spectator in all the cases while considering bail applications, the Courts are duty bound to consider broader aspect of the matter and in the light of nature of allegations, the relevant materials of the case diary either produced by the complainant's side or by the accused's side to prove his/her innocence cannot be ignored because bail matters are also related to the valuable liberty of the accused. The further details relating to the incident need not be referred to herein since the allegations and the defence thereto is still open to be urged by the parties in the trial Court. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant Ashok Rathaur be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to 4 BAIL No. 32500 of 2025 the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. September 22, 2025 Shubham (Sanjay Kumar Singh,J.)
It is argued by learned counsel for the applicant that the applicant is husband of the deceased and he has been falsely implicated in this case. General allegation of demand of dowry has been levelled 2 BAIL No. 32500 of 2025 against all the accused persons. The deceased died herself by committing suicide. Referring the statement under Section 180 BNSS of the complainant, it is pointed out that information about the said unfortunate incident was given by Reshamwati, who is accused and sister-in-law (bhabhi) of the applicant. As soon as the incident took place on 16.01.2025, the applicant in order to save life of his wife, took her to Shri Rammurti Smarak Institute of Medical Sciences at 11:35 A.M. where she died during her treatment on the same day at 11:41 A.M. It is also pointed out that information about the death of the deceased in the hospital was given by security guard to the police, on which inquest proceeding of the dead body of the deceased was conducted, in which the complainant as well as the applicant were very much present and post mortem of the deceased was conducted on 16.01.2025. Thereafter, dead body of the deceased was cremated by the applicant in presence of the deceased's parents and other family members but they do not make allegation against the applicant and his family members. After four days, the complainant in order to settle his personal score, got the F.I.R. lodged on 21.01.2025 with regard to the incident dated 16.01.2025. The applicant does not have any criminal history to his credit. Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 12.02.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant reiterating the prosecution case as mentioned in the F.I.R. but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that as per the post mortem report, cause of death of the deceased is ante mortem hanging and except the ligature mark, no other injury has been found on the body of the deceased. The applicant and his family members were also present at the spot and also participated in the inquest proceeding, which shows natural conduct of in-laws of the deceased and the same are one of the relevant factor for considering bail. 3 BAIL No. 32500 of 2025 Here it is also relevant to mention that the parameters for considering the bail of accused pending trial and conviction or acquittal of accused after adducing evidences by both the parties before the trial Court are different. This Court is of the view that each case turns on its own facts and circumstances. Even a little difference between the facts of two cases, may alter the entire aspect. In view of the provisions under Sections 117 and 118 of Bhartiya Sakshya Adhiniyam, 2023, it is not that the Courts will shut eyes and act as a silent spectator in all the cases while considering bail applications, the Courts are duty bound to consider broader aspect of the matter and in the light of nature of allegations, the relevant materials of the case diary either produced by the complainant's side or by the accused's side to prove his/her innocence cannot be ignored because bail matters are also related to the valuable liberty of the accused. The further details relating to the incident need not be referred to herein since the allegations and the defence thereto is still open to be urged by the parties in the trial Court. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant Ashok Rathaur be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to 4 BAIL No. 32500 of 2025 the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. September 22, 2025 Shubham (Sanjay Kumar Singh,J.)