High Court · 2025

2. Heard Sri Mohammad Faiz, Advocate, holding brief of Sri Manish Yadav, learned counsel for the applicant, Sri Somdev Dixit, learned counsel for the first informant, Sri V.D. Ojha, 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- Sonu seeking enlargement on bail during trial in connection with Case Crime No. 129 of 2024, under Sections 85, 80 B.N.S. and 3/4 D.P. Act, registered at P.S. Fariha, District- Firozabad.

4. Learned counsel for the applicant has submitted that in compliance of the order dated 09.4.2025 he has filed a supplementary affidavit dated 19.4.2025. Records show that the same is on the record and placed by the office through its report dated 24.04.2025. It is submitted that with regards to the query with regards to para-16 of the affidavit matter pertaining to Case Crime No. 109 of 2023, under Sections 363, 366 I.P.C., Police Station Fariha, District Firozabad, was investigated and a charge sheet dated 13.06.2023 was submitted against the accused Hariom, under Sections 363, 366 I.P.C. which is annexure no. S.A.-1 to the said supplementary affidavit, on which the court concern vide its order dated 16.09.2023 has taken cognizance and summoned the said accused. It is submitted that the said case has been committed to the Court of Sessions vide order dated 23.12.2024 passed by the Additional Chief Judicial Magistrate, Firozabad, the said order has been placed before the Court which is annexure no. 2 to the said supplementary affidavit.

5. The F.I.R. of the matter was lodged on 11.7.2024 by Kallan Singh against the applicant and four other accused persons alleging therein that marriage of his daughter Khushi was solemnized about 8 months back with Sonu the present applicant in which he had spent about Rs.07 lakh and had given gifts. After marriage the accused persons were not happy and there was demand of golden chain and golden ring due to which she used to be harassed and tortured. On 09.7.2024 the accused persons due to non-fulfillment of demand of dowry have murdered her and an information of it was given by someone to him, after which he reached the place of occurrence and found his daughter to be hanging from roof.

6. Learned counsel for the applicant submitted that the applicant although is husband of the deceased but he has been falsely implicated in the present case. It is submitted that cause of death has been opined by the doctor as asphyxia as a result of ante mortem hanging. It is submitted that although there were multiple blisters found over the lower abdomen and below left thigh but the same did not contribute to death. While placing para-16 of the affidavit it is submitted that the deceased was in love with one Hariom and had left with him regarding which her mother had lodged an F.I.R. against Hariom as Case Crime No. 109 of 2023, under Sections 363, 366 I.P.C., Police Station Fariha, District Firozabad. It is submitted that in the said case charge sheet has been submitted against the accused Hariom. It is submitted that the said fact was the reason for the deceased to commit suicide since she was not happy with the applicant. It is submitted that co- accused Smt. Mithlesh (mother-in-law) has been granted bail by this Court vide order dated 25.10.2024 passed in Criminal Misc. Bail Application No. 36525 of 2024, para-26 of the affidavit has been placed for the same. It is submitted that the applicant has no criminal history as stated in para-28 of the affidavit and is in jail since 12.7.2024.

7. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail and submitted that the applicant is husband of the deceased. It is submitted that the applicant is named in the F.I.R. and there are allegations of demand of dowry and torture of the deceased.

8. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is husband of the deceased. Cause of death is asphyxia due to ante mortem hanging. Prior to the present case the deceased had left with one Hariom regarding which an F.I.R. was lodged in which the matter was investigated and a charge sheet has been submitted on which the court court has taken cognizance and the matter has been committed to the Court of Sessions.

9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

10. Let the applicant- Sonu, 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, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 BNS, 2023. (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 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.

11. 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.

12. The bail application is allowed.

13. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 25.4.2025 Naresh NARESH KUMAR High Court of Judicature at Allahabad

2. Heard Sri Mohammad Faiz, Advocate, holding brief of Sri Manish Yadav, learned counsel for the applicant, Sri Somdev Dixit, learned counsel for the first informant, Sri V.D. Ojha, 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- Sonu seeking enlargement on bail during trial in connection with Case Crime No. 129 of 2024, under Sections 85, 80 B.N.S. and 3/4 D.P. Act, registered at P.S. Fariha, District- Firozabad.

4. Learned counsel for the applicant has submitted that in compliance of the order dated 09.4.2025 he has filed a supplementary affidavit dated 19.4.2025. Records show that the same is on the record and placed by the office through its report dated 24.04.2025. It is submitted that with regards to the query with regards to para-16 of the affidavit matter pertaining to Case Crime No. 109 of 2023, under Sections 363, 366 I.P.C., Police Station Fariha, District Firozabad, was investigated and a charge sheet dated 13.06.2023 was submitted against the accused Hariom, under Sections 363, 366 I.P.C. which is annexure no. S.A.-1 to the said supplementary affidavit, on which the court concern vide its order dated 16.09.2023 has taken cognizance and summoned the said accused. It is submitted that the said case has been committed to the Court of Sessions vide order dated 23.12.2024 passed by the Additional Chief Judicial Magistrate, Firozabad, the said order has been placed before the Court which is annexure no. 2 to the said supplementary affidavit.

5. The F.I.R. of the matter was lodged on 11.7.2024 by Kallan Singh against the applicant and four other accused persons alleging therein that marriage of his daughter Khushi was solemnized about 8 months back with Sonu the present applicant in which he had spent about Rs.07 lakh and had given gifts. After marriage the accused persons were not happy and there was demand of golden chain and golden ring due to which she used to be harassed and tortured. On 09.7.2024 the accused persons due to non-fulfillment of demand of dowry have murdered her and an information of it was given by someone to him, after which he reached the place of occurrence and found his daughter to be hanging from roof.

6. Learned counsel for the applicant submitted that the applicant although is husband of the deceased but he has been falsely implicated in the present case. It is submitted that cause of death has been opined by the doctor as asphyxia as a result of ante mortem hanging. It is submitted that although there were multiple blisters found over the lower abdomen and below left thigh but the same did not contribute to death. While placing para-16 of the affidavit it is submitted that the deceased was in love with one Hariom and had left with him regarding which her mother had lodged an F.I.R. against Hariom as Case Crime No. 109 of 2023, under Sections 363, 366 I.P.C., Police Station Fariha, District Firozabad. It is submitted that in the said case charge sheet has been submitted against the accused Hariom. It is submitted that the said fact was the reason for the deceased to commit suicide since she was not happy with the applicant. It is submitted that co- accused Smt. Mithlesh (mother-in-law) has been granted bail by this Court vide order dated 25.10.2024 passed in Criminal Misc. Bail Application No. 36525 of 2024, para-26 of the affidavit has been placed for the same. It is submitted that the applicant has no criminal history as stated in para-28 of the affidavit and is in jail since 12.7.2024.

7. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail and submitted that the applicant is husband of the deceased. It is submitted that the applicant is named in the F.I.R. and there are allegations of demand of dowry and torture of the deceased.

8. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is husband of the deceased. Cause of death is asphyxia due to ante mortem hanging. Prior to the present case the deceased had left with one Hariom regarding which an F.I.R. was lodged in which the matter was investigated and a charge sheet has been submitted on which the court court has taken cognizance and the matter has been committed to the Court of Sessions.

9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

10. Let the applicant- Sonu, 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, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 BNS, 2023. (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 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.

11. 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.

12. The bail application is allowed.

13. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 25.4.2025 Naresh NARESH KUMAR High Court of Judicature at Allahabad