High Court · 2025

3. As per prosecution case, in brief, informant- Smt. Munni Devi, who is mother of deceased-Priyanka Devi got a F.I.R. lodged on 19.06.2024 against the applicant- Kuldeep Singh, Satendra Singh, Vitola Devi and Nitin Singh, who are husband, father-in-law, mother-in-law and brother-in-law respectively of the deceased making allegation inter-alia that marriage of her daughter Priyanka Devi was solemnized on 26.04.2018 with the applicant and in the marriage sufÏcient dowry was given as per her capacity but there was additional demand of motorcycle by her daughter's in-laws. On account of non fulfillment of their demand, her daughter was being harassed in her matrimonial home and on 13.06.2024 her daughter was done to death in her matrimonial home.

4. Main substratum of argument of learned counsel for the applicant is that the applicant is husband of the deceased and he has been falsely in this case by the mother of the deceased with ulterior motive. He further submits that in-fact deceased died by committing suicide and as per post-mortem report of deceased, the cause of death is due to ante-mortem hanging and except the ligature mark around the neck, no other injury was found on the body of the deceased. Much emphasis has been given by contending that the information about the said incident was immediately given by the father of applicant to the brother of deceased, upon which, they came to the house of the applicant and information about the said incident was given to the police on which inquest proceeding was conducted by the police on 13.06.2024. After cremation of the dead body of deceased, the family members of the deceased started mounting pressure upon the applicant to give one acre land to the son of deceased, who is presently aged about six years. Accordingly, the applicant executed a registered gift deed dated 14.06.2024 in favour of son of the deceased namely Uvi Singh, in which brother and brother-in-law of the deceased are also witness. It is further submitted that after execution of the said gift deed, mother of the deceased got the F.I.R. lodged after delay of six days on 19.06.2024 on the false and concocted allegation, in which, charge sheet has been submitted against the applicant and his parents, namely, Vitola Devi and Satendra Pal Singh, who have been granted bail by a coordinate Bench of this Court vide orders dated 13.09.2024 & 15.10.2024 in Criminal Misc. Bail Application Nos.32304 of 2024 & 35077 of 2024, therefore, the applicant, who is languishing in jail since 04.07.2024 may be enlarged on bail.

5. On the other hand, learned Additional Government Advocate opposed the prayer for bail but could not dispute the factum of the case as argued on behalf of the applicant.

6. Having heard learned counsel for the parties and perusing the record, I find that it is not in dispute that the deceased committed suicide after six years of her marriage leaving behind small children aged about 6 years, 4 years and one month, who are living with the mother and father of the applicant. General allegation of demand of dowry has been levelled. The F.I.R. was lodged after delay of six days. If daughter-in-law dies her unnatural death in someone’s house, it is natural that he will inform her parents or other concerned relatives. In the present case information about the unfortunate incident was given by the father of the applicant to brother of the deceased. The accused were also present at the spot and no one had absconded from the house, which shows natural conduct of in-laws of the deceased and the same are one of the relevant factor for considering bail. Co-accused have been granted bail as noted above.

7. Considering the overall facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused, submission of the learned counsel for the parties as noted above, the applicant has made out a case for bail. Accordingly bail application of the applicant is hereby allowed.

8. Let the applicant- Kuldeep Singh, 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: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any 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 to any police ofÏcer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.

9. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.

10. it is made clear that the observations contained in the instant order are confined to the issue of bail and shall not effect the merit of the trial. Order Date :- 9.4.2025 Sanjeet SANJEET KUMAR YADAV SANJEET KUMAR YADAV High Court of Judicature at Allahabad High Court of Judicature at Allahabad

3. As per prosecution case, in brief, informant- Smt. Munni Devi, who is mother of deceased-Priyanka Devi got a F.I.R. lodged on 19.06.2024 against the applicant- Kuldeep Singh, Satendra Singh, Vitola Devi and Nitin Singh, who are husband, father-in-law, mother-in-law and brother-in-law respectively of the deceased making allegation inter-alia that marriage of her daughter Priyanka Devi was solemnized on 26.04.2018 with the applicant and in the marriage sufÏcient dowry was given as per her capacity but there was additional demand of motorcycle by her daughter's in-laws. On account of non fulfillment of their demand, her daughter was being harassed in her matrimonial home and on 13.06.2024 her daughter was done to death in her matrimonial home.

4. Main substratum of argument of learned counsel for the applicant is that the applicant is husband of the deceased and he has been falsely in this case by the mother of the deceased with ulterior motive. He further submits that in-fact deceased died by committing suicide and as per post-mortem report of deceased, the cause of death is due to ante-mortem hanging and except the ligature mark around the neck, no other injury was found on the body of the deceased. Much emphasis has been given by contending that the information about the said incident was immediately given by the father of applicant to the brother of deceased, upon which, they came to the house of the applicant and information about the said incident was given to the police on which inquest proceeding was conducted by the police on 13.06.2024. After cremation of the dead body of deceased, the family members of the deceased started mounting pressure upon the applicant to give one acre land to the son of deceased, who is presently aged about six years. Accordingly, the applicant executed a registered gift deed dated 14.06.2024 in favour of son of the deceased namely Uvi Singh, in which brother and brother-in-law of the deceased are also witness. It is further submitted that after execution of the said gift deed, mother of the deceased got the F.I.R. lodged after delay of six days on 19.06.2024 on the false and concocted allegation, in which, charge sheet has been submitted against the applicant and his parents, namely, Vitola Devi and Satendra Pal Singh, who have been granted bail by a coordinate Bench of this Court vide orders dated 13.09.2024 & 15.10.2024 in Criminal Misc. Bail Application Nos.32304 of 2024 & 35077 of 2024, therefore, the applicant, who is languishing in jail since 04.07.2024 may be enlarged on bail.

5. On the other hand, learned Additional Government Advocate opposed the prayer for bail but could not dispute the factum of the case as argued on behalf of the applicant.

6. Having heard learned counsel for the parties and perusing the record, I find that it is not in dispute that the deceased committed suicide after six years of her marriage leaving behind small children aged about 6 years, 4 years and one month, who are living with the mother and father of the applicant. General allegation of demand of dowry has been levelled. The F.I.R. was lodged after delay of six days. If daughter-in-law dies her unnatural death in someone’s house, it is natural that he will inform her parents or other concerned relatives. In the present case information about the unfortunate incident was given by the father of the applicant to brother of the deceased. The accused were also present at the spot and no one had absconded from the house, which shows natural conduct of in-laws of the deceased and the same are one of the relevant factor for considering bail. Co-accused have been granted bail as noted above.

7. Considering the overall facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused, submission of the learned counsel for the parties as noted above, the applicant has made out a case for bail. Accordingly bail application of the applicant is hereby allowed.

8. Let the applicant- Kuldeep Singh, 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: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any 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 to any police ofÏcer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.

9. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.

10. it is made clear that the observations contained in the instant order are confined to the issue of bail and shall not effect the merit of the trial. Order Date :- 9.4.2025 Sanjeet SANJEET KUMAR YADAV SANJEET KUMAR YADAV High Court of Judicature at Allahabad High Court of Judicature at Allahabad