High Court · 2025

4. FIR of the present case was lodged on 14.10.2024 against the applicant and his family members and according to the FIR, marriage of the applicant was solemnized with the daughter of the informant about six years before and after marriage applicant and his family members started torturing her for additional demand of a Bolero four wheeler and on 12.10.2024 they have committed her murder.

5. Learned counsel for the applicant submits that however, initially FIR of the present case was lodged under Section 80 BNS and other Sections but when during investigation it was revealed that actually deceased, i.e., wife of the applicant committed suicide and her marriage was solemnized with the applicant beyond seven years then case was converted under Section 108 BNS.

6. He further submits that however applicant is the husband of the deceased and as per allegation due to his torture with regard to demand of dowry, his wife committed suicide by hanging herself but entire allegations are false.

7. He next submits that actually on 12.10.2024 a dispute arose between husband and wife with regard to cooking of fish and when deceased refused to cook fish due to festival of 'Navratri' then altercation took place between both of them and thereafter she hanged herself. He further submtis that specific averment in this regard has been made in paragraph-6 of the affidavit filed in support of the instant bail application.

8. He further submits that even independent witnesses also in their statements categorically disclosed above fact to the Investigating Officer and their statements have been annexed at page-50 onward of the paper book.

9. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since

14.10.2024, i.e., for the last more than six months.

10. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is the husband of the deceased and his wife committed suicide due to his torture and, therefore, it cannot be said that there is no evidence against him on record.

11. They further submitted that apart from the present case applicant is also having criminal history of a case under Sections 323,504 and 506 IPC and Section 3 SC/ST Act but he did not explain his criminal history in the instant bail application.

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

13. However, applicant is the husband of the deceased and as per allegation he used to torture her for demand of dowry along with his family members and due to their torture she committed suicide but applicant in the instant bail application made a specific averment that on the date of incident he expressed desire to eat fish but his wife due to 'Navratri' refused to cook the same and due to this reason dispute arose between husband and wife and thereafter wife committed suicide. The defence taken by applicant also finds support from the statement of independent witnesses which were recorded during investigation.

14. Further, however, it appears that apart from the present case applicant is having criminal history of one another case and he did not explain his criminal history in the instant bail application but considering the criminal history which was disclosed by learned AGA in view of this Court in view of Article 21 of the Constitution of India merely on the basis of such criminal history it is not proper to withheld the bail application of the applicant.

15. Further, in the present matter applicant is in jail since

14.10.2024, i.e., for the last more than six months.

16. Further, law is settled that unless proven guilty an accused is deemed to be innocent and the bail application of an accused should not be dismissed either punitive or preventive purposes.

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

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

19. Let the applicant-Chandan Sahani 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.

20. 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.

21. 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 :- 23.4.2025 SKM SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

4. FIR of the present case was lodged on 14.10.2024 against the applicant and his family members and according to the FIR, marriage of the applicant was solemnized with the daughter of the informant about six years before and after marriage applicant and his family members started torturing her for additional demand of a Bolero four wheeler and on 12.10.2024 they have committed her murder.

5. Learned counsel for the applicant submits that however, initially FIR of the present case was lodged under Section 80 BNS and other Sections but when during investigation it was revealed that actually deceased, i.e., wife of the applicant committed suicide and her marriage was solemnized with the applicant beyond seven years then case was converted under Section 108 BNS.

6. He further submits that however applicant is the husband of the deceased and as per allegation due to his torture with regard to demand of dowry, his wife committed suicide by hanging herself but entire allegations are false.

7. He next submits that actually on 12.10.2024 a dispute arose between husband and wife with regard to cooking of fish and when deceased refused to cook fish due to festival of 'Navratri' then altercation took place between both of them and thereafter she hanged herself. He further submtis that specific averment in this regard has been made in paragraph-6 of the affidavit filed in support of the instant bail application.

8. He further submits that even independent witnesses also in their statements categorically disclosed above fact to the Investigating Officer and their statements have been annexed at page-50 onward of the paper book.

9. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since

14.10.2024, i.e., for the last more than six months.

10. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is the husband of the deceased and his wife committed suicide due to his torture and, therefore, it cannot be said that there is no evidence against him on record.

11. They further submitted that apart from the present case applicant is also having criminal history of a case under Sections 323,504 and 506 IPC and Section 3 SC/ST Act but he did not explain his criminal history in the instant bail application.

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

13. However, applicant is the husband of the deceased and as per allegation he used to torture her for demand of dowry along with his family members and due to their torture she committed suicide but applicant in the instant bail application made a specific averment that on the date of incident he expressed desire to eat fish but his wife due to 'Navratri' refused to cook the same and due to this reason dispute arose between husband and wife and thereafter wife committed suicide. The defence taken by applicant also finds support from the statement of independent witnesses which were recorded during investigation.

14. Further, however, it appears that apart from the present case applicant is having criminal history of one another case and he did not explain his criminal history in the instant bail application but considering the criminal history which was disclosed by learned AGA in view of this Court in view of Article 21 of the Constitution of India merely on the basis of such criminal history it is not proper to withheld the bail application of the applicant.

15. Further, in the present matter applicant is in jail since

14.10.2024, i.e., for the last more than six months.

16. Further, law is settled that unless proven guilty an accused is deemed to be innocent and the bail application of an accused should not be dismissed either punitive or preventive purposes.

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

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

19. Let the applicant-Chandan Sahani 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.

20. 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.

21. 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 :- 23.4.2025 SKM SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad