High Court · 2025

3. As per first information report which was lodged on 10.07.2024 by Sandeep Kumar against the applicant and Ramcheej the marriage of his sister Sadhna was solemnized with Ramjcheej on

19.11.2019. After about two years of marriage having no children, the accused persons used to assault her and torture her for dowry. The accused persons were explained and consoled many times but they continued abusing and assaulting his sister. There was a demand of ring, sikri and a motor cycle. Father of the informant is poor and handicap and as such was not in a position to fulfill such demand. On 09.07.2024 in the night, his sister died in suspicious circumstances. Ramcheej the husband of the deceased called the informant on phone. On 10.07.2024 at about 7:30 am Ramcheej told him that his sister has died and if they want to come, they may come otherwise they are going to cremate her. The informant along with family members reached at the place and saw that the right side of the body had turned black and blood was oozing from the nose. We believe that the accused persons due to demand of dowry had murdered his sister. FIR be lodged and action be taken.

4. The postmortem examination of the deceased was conducted, in which, the doctor found two abrasions on the body but the cause of death could not be ascertained and hence viscera was preserved. The viscera report shows presence of Carbamate Insecticide poison in it.

5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is submitted that the applicant is the father-in-law of the deceased Sadhna. It is next submitted that the applicant is aged about 68 years. The husband of the deceased Ramcheej is in jail. It is further submitted that the applicant being father-in-law of the deceased has been implicated in the matter. He also submits that the deceased was mentally depressed since she was not having any child even after two years of marriage and thus she consumed poison and died. It is also submitted that so far as the two abrasions are concerned, the same are on the right arm and left wrist but there is no internal damage beneath them. It is further submitted that the investigation in the matter has concluded and charge sheet has been submitted against the applicant and the co-accused and as such there are no chances of the applicant tempering with the evidence. The applicant has no criminal history as stated in para 28 of the affidavit and is in jail since 27.10.2024.

4. Per contra, learned counsel for the State opposed the prayer for bail.

5. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the father-in-law of the deceased; applicant is aged about 68 years; the cause of death of the deceased could not be ascertained and viscera was preserved, which found poison in it; the deceased was not having any child even after two years of marriage; the investigation in the matter has been concluded.

6. 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.

7. Let the applicant Baijnath, 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 B.N.S.S., 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 B.N.S., 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 B.N.S.S.,

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 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

8. 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.

9. The bail application is allowed. Order Date :- 17.3.2025 Faridul FAREEDUL HASAN High Court of Judicature at Allahabad (Samit Gopal, J.)

3. As per first information report which was lodged on 10.07.2024 by Sandeep Kumar against the applicant and Ramcheej the marriage of his sister Sadhna was solemnized with Ramjcheej on

19.11.2019. After about two years of marriage having no children, the accused persons used to assault her and torture her for dowry. The accused persons were explained and consoled many times but they continued abusing and assaulting his sister. There was a demand of ring, sikri and a motor cycle. Father of the informant is poor and handicap and as such was not in a position to fulfill such demand. On 09.07.2024 in the night, his sister died in suspicious circumstances. Ramcheej the husband of the deceased called the informant on phone. On 10.07.2024 at about 7:30 am Ramcheej told him that his sister has died and if they want to come, they may come otherwise they are going to cremate her. The informant along with family members reached at the place and saw that the right side of the body had turned black and blood was oozing from the nose. We believe that the accused persons due to demand of dowry had murdered his sister. FIR be lodged and action be taken.

4. The postmortem examination of the deceased was conducted, in which, the doctor found two abrasions on the body but the cause of death could not be ascertained and hence viscera was preserved. The viscera report shows presence of Carbamate Insecticide poison in it.

5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is submitted that the applicant is the father-in-law of the deceased Sadhna. It is next submitted that the applicant is aged about 68 years. The husband of the deceased Ramcheej is in jail. It is further submitted that the applicant being father-in-law of the deceased has been implicated in the matter. He also submits that the deceased was mentally depressed since she was not having any child even after two years of marriage and thus she consumed poison and died. It is also submitted that so far as the two abrasions are concerned, the same are on the right arm and left wrist but there is no internal damage beneath them. It is further submitted that the investigation in the matter has concluded and charge sheet has been submitted against the applicant and the co-accused and as such there are no chances of the applicant tempering with the evidence. The applicant has no criminal history as stated in para 28 of the affidavit and is in jail since 27.10.2024.

4. Per contra, learned counsel for the State opposed the prayer for bail.

5. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the father-in-law of the deceased; applicant is aged about 68 years; the cause of death of the deceased could not be ascertained and viscera was preserved, which found poison in it; the deceased was not having any child even after two years of marriage; the investigation in the matter has been concluded.

6. 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.

7. Let the applicant Baijnath, 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 B.N.S.S., 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 B.N.S., 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 B.N.S.S.,

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 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

8. 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.

9. The bail application is allowed. Order Date :- 17.3.2025 Faridul FAREEDUL HASAN High Court of Judicature at Allahabad (Samit Gopal, J.)