High Court · 2025

2. Heard Sri G.S. Chaturvedi, learned Senior Advocate, Sri Saghir Ahmad, learned Senior Advocate, both assisted by Sri Bharat Bhushan Dubey, learned counsel for the applicant, Sri Shobhit Yadav, learned counsel for the first informant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. This bail application under Section 483 B.N.S.S has been filed by the applicant-Alok Gupta, seeking enlargement on bail during trial in connection with Case Crime No.474 of 2024, under Sections 85, 80 B.N.S., 2023 and 3/4 Dowry Prohibition Act, registered at Police Station Auraiya, District Auraiya.

4. The FIR of the matter was lodged on 6.9.2024 by Aditya Gupta against the applicant and six other persons alleging therein that the marriage of his sister Priya Gupta was solemnized with the applicant on 3.2.2020. In the marriage he had spent Rs.15 lakh cash and given jewellery and other things of about Rs.8 lakh but the accused persons were demanding four wheeler due to which they used to torture and harass the deceased. In the meantime on 11.4.2022 his sister gave birth to a child. On 5.9.2024, due to non- fulfillment of additional dowry, the accused persons have murdered his sister. He was given an information after which he along with his family members went there and found his sister to be dead. The FIR be thus lodged and action be taken.

5. Learned counsels for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that although the applicant is the husband of the deceased but there is no credible evidence whatsoever against him. It is argued that the deceased Priya Gupta died a natural death. The postmortem examination report shows multiple abraded contusion present over the angle of mandibular region with chin but the dimension of the same is not mentioned and moreover the same does not contribute to death. In the postmortem report, cause of death could not be ascertained and viscera was preserved. As per viscera report which is annexed as C.A-1 to the affidavit dated 8.4.2025 filed by the State, no chemical poison was found in it, as such the death of the deceased was natural. While placing para no.45 to the affidavit in support of bail application, it is submitted that previously a case being Case Crime No.21 of 2018, under Sections 498-A, 323, 504, 506, 354 IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, District Auraiya was lodged against the applicant and other accused persons which ended in acquittal by means of judgement and order dated 4.12.2023 passed by trial court concerned, para 46 and Annexure No.13 being the said judgement and order has been placed before the Court. It is argued that the applicant is not involved in the present case. It is submitted that the allegations as levelled against the applicant and other co-accused persons are general and omnibus in nature. It is submitted that the the deceased and the applicant were leading a happy married life as is evident from the fact that a child was born from the wedlock on 11.4.2022, the said fact is itself mentioned in the FIR. It is submitted that there was never any demand of dowry either by the applicant or by his family members. It is submitted that the investigation in the matter has concluded and a charge-sheet has been submitted. The applicant is in jail since 8.10.2024.

6. Per contra learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and argued that the deceased died in her matrimonial house and it was upon the applicant to discharge his burden as to how she died and since she is aged about 24 years, the death is unnatural, as such the prayer for bail be rejected.

7. After hearing the counsel for the parties and perusing the record, it is evident that the deceased Priya Gupta died in her matrimonial house. The postmortem examination was not decisive as cause of death could not be ascertained and viscera was preserved. In the viscera report, no chemical poison was found. As per postmortem examination report multiple abraded contusion was found over the angle of mandibular region with chin which does not contribute to her death. In a previous case the applicant and other co-accused persons were acquitted by the trial court concerned.

8. 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.

9. Let the applicant-Alok Gupta, 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/them, 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 (s) 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.

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. Order Date :- 25.4.2025 Gaurav Kuls (Samit Gopal, J.) GAURAV KULSHRESTHA High Court of Judicature at Allahabad

2. Heard Sri G.S. Chaturvedi, learned Senior Advocate, Sri Saghir Ahmad, learned Senior Advocate, both assisted by Sri Bharat Bhushan Dubey, learned counsel for the applicant, Sri Shobhit Yadav, learned counsel for the first informant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. This bail application under Section 483 B.N.S.S has been filed by the applicant-Alok Gupta, seeking enlargement on bail during trial in connection with Case Crime No.474 of 2024, under Sections 85, 80 B.N.S., 2023 and 3/4 Dowry Prohibition Act, registered at Police Station Auraiya, District Auraiya.

4. The FIR of the matter was lodged on 6.9.2024 by Aditya Gupta against the applicant and six other persons alleging therein that the marriage of his sister Priya Gupta was solemnized with the applicant on 3.2.2020. In the marriage he had spent Rs.15 lakh cash and given jewellery and other things of about Rs.8 lakh but the accused persons were demanding four wheeler due to which they used to torture and harass the deceased. In the meantime on 11.4.2022 his sister gave birth to a child. On 5.9.2024, due to non- fulfillment of additional dowry, the accused persons have murdered his sister. He was given an information after which he along with his family members went there and found his sister to be dead. The FIR be thus lodged and action be taken.

5. Learned counsels for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that although the applicant is the husband of the deceased but there is no credible evidence whatsoever against him. It is argued that the deceased Priya Gupta died a natural death. The postmortem examination report shows multiple abraded contusion present over the angle of mandibular region with chin but the dimension of the same is not mentioned and moreover the same does not contribute to death. In the postmortem report, cause of death could not be ascertained and viscera was preserved. As per viscera report which is annexed as C.A-1 to the affidavit dated 8.4.2025 filed by the State, no chemical poison was found in it, as such the death of the deceased was natural. While placing para no.45 to the affidavit in support of bail application, it is submitted that previously a case being Case Crime No.21 of 2018, under Sections 498-A, 323, 504, 506, 354 IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, District Auraiya was lodged against the applicant and other accused persons which ended in acquittal by means of judgement and order dated 4.12.2023 passed by trial court concerned, para 46 and Annexure No.13 being the said judgement and order has been placed before the Court. It is argued that the applicant is not involved in the present case. It is submitted that the allegations as levelled against the applicant and other co-accused persons are general and omnibus in nature. It is submitted that the the deceased and the applicant were leading a happy married life as is evident from the fact that a child was born from the wedlock on 11.4.2022, the said fact is itself mentioned in the FIR. It is submitted that there was never any demand of dowry either by the applicant or by his family members. It is submitted that the investigation in the matter has concluded and a charge-sheet has been submitted. The applicant is in jail since 8.10.2024.

6. Per contra learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and argued that the deceased died in her matrimonial house and it was upon the applicant to discharge his burden as to how she died and since she is aged about 24 years, the death is unnatural, as such the prayer for bail be rejected.

7. After hearing the counsel for the parties and perusing the record, it is evident that the deceased Priya Gupta died in her matrimonial house. The postmortem examination was not decisive as cause of death could not be ascertained and viscera was preserved. In the viscera report, no chemical poison was found. As per postmortem examination report multiple abraded contusion was found over the angle of mandibular region with chin which does not contribute to her death. In a previous case the applicant and other co-accused persons were acquitted by the trial court concerned.

8. 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.

9. Let the applicant-Alok Gupta, 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/them, 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 (s) 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.

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. Order Date :- 25.4.2025 Gaurav Kuls (Samit Gopal, J.) GAURAV KULSHRESTHA High Court of Judicature at Allahabad