Allahabad High Court

2. Heard Sri Manish Kumar, learned counsel for the applicant, Sri Bade Lal Bind, learned AGA for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Arvind seeking enlargement on bail during trial in connection with Case Crime No. 0112 of 2025, under Section(s) 80(2), 85 B.N.S. & 3/4 Dowry Prohibition Act, registered at P.S. Girvan, District Banda.

4. The F.I.R. of the matter was lodged on 29.4.2025 by Smt. Usha Devi against the applicant, two other named persons and other family members of the applicant alleging therein that his daughter Happy was allured and enticed away by the applicant around three years ago and he solemnized marriage with her. The accused persons used to torture and assault her and there was demand of Rs.1,50,000/-, a motorcycle and gold chain of 10 gms from her. On 5.4.2025 she received an information that her daughter has been murdered. Post mortem was conducted on 09.4.2025. A report be lodged and action be taken. 2 BAIL No. 35444 of 2025

5. Learned counsel for the applicant argued that the applicant although is husband of the deceased but he has been falsely implicated in the present case. It is submitted that the deceased died a natural death which is evident from the post mortem examination report wherein the doctor did not find any bodily injury and cause of death was opined as due to ante mortem myocardial infarction (M.I.). It is submitted that although viscera was preserved but after examination no poison was found in it, which also goes to show that death of the deceased was a natural death. Further it is submitted that the applicant and the deceased were in love and they eloped and married each other. It is submitted while placing para-16 of the affidavit that previously a case under Section 366 I.P.C. was lodged against the applicant with regard to the same and apart from the said case, the applicant has no other criminal antecedents. It is submitted that charge sheet no. 161 of 2025, dated 5.7.2025 in the matter has been submitted against the applicant, para-17 of the affidavit has been placed for the same. It is argued that the applicant is in jail since 24.5.2025.

6. Per contra, learned State counsel opposed the prayer for bail and submitted that the deceased has died within three years of her marriage in her matrimonial house although the post mortem report and viscera report are not disputed by learned counsel for the State.

7. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant and the deceased had eloped and married each other around 3 years ago. Post mortem report of the deceased shows that there was no bodily injury found and cause of death has been opined as due to ante mortem myocardial infarction (M.I.). However, the doctor preserved viscera which was examined and no poison in it was found.

8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing 3 BAIL No. 35444 of 2025 material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

9. Let the applicant- Arvind, 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) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, initiate proceedings against him, in accordance with law, under section 209 BNS, 2023. trial court shall then, (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it 4 BAIL No. 35444 of 2025 shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

11. The bail application is allowed.

12. Pending application(s), if any, shall stand disposed of. October 14, 2025 Naresh (Samit Gopal,J.)

2. Heard Sri Manish Kumar, learned counsel for the applicant, Sri Bade Lal Bind, learned AGA for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Arvind seeking enlargement on bail during trial in connection with Case Crime No. 0112 of 2025, under Section(s) 80(2), 85 B.N.S. & 3/4 Dowry Prohibition Act, registered at P.S. Girvan, District Banda.

4. The F.I.R. of the matter was lodged on 29.4.2025 by Smt. Usha Devi against the applicant, two other named persons and other family members of the applicant alleging therein that his daughter Happy was allured and enticed away by the applicant around three years ago and he solemnized marriage with her. The accused persons used to torture and assault her and there was demand of Rs.1,50,000/-, a motorcycle and gold chain of 10 gms from her. On 5.4.2025 she received an information that her daughter has been murdered. Post mortem was conducted on 09.4.2025. A report be lodged and action be taken. 2 BAIL No. 35444 of 2025

5. Learned counsel for the applicant argued that the applicant although is husband of the deceased but he has been falsely implicated in the present case. It is submitted that the deceased died a natural death which is evident from the post mortem examination report wherein the doctor did not find any bodily injury and cause of death was opined as due to ante mortem myocardial infarction (M.I.). It is submitted that although viscera was preserved but after examination no poison was found in it, which also goes to show that death of the deceased was a natural death. Further it is submitted that the applicant and the deceased were in love and they eloped and married each other. It is submitted while placing para-16 of the affidavit that previously a case under Section 366 I.P.C. was lodged against the applicant with regard to the same and apart from the said case, the applicant has no other criminal antecedents. It is submitted that charge sheet no. 161 of 2025, dated 5.7.2025 in the matter has been submitted against the applicant, para-17 of the affidavit has been placed for the same. It is argued that the applicant is in jail since 24.5.2025.

6. Per contra, learned State counsel opposed the prayer for bail and submitted that the deceased has died within three years of her marriage in her matrimonial house although the post mortem report and viscera report are not disputed by learned counsel for the State.

7. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant and the deceased had eloped and married each other around 3 years ago. Post mortem report of the deceased shows that there was no bodily injury found and cause of death has been opined as due to ante mortem myocardial infarction (M.I.). However, the doctor preserved viscera which was examined and no poison in it was found.

8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing 3 BAIL No. 35444 of 2025 material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

9. Let the applicant- Arvind, 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) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, initiate proceedings against him, in accordance with law, under section 209 BNS, 2023. trial court shall then, (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it 4 BAIL No. 35444 of 2025 shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

11. The bail application is allowed.

12. Pending application(s), if any, shall stand disposed of. October 14, 2025 Naresh (Samit Gopal,J.)