High Court · 2025
Case Details
1-Heard Ms. Kamla Singh, learned counsel for the applicant and learned Additional Government Advocate representing the State. 2-The instant criminal miscellaneous second bail application under Section 483 BNSS has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 255 of 2024, under Sections 85, 80(2) of BNS and Sections 3/4 of D.P. Act, Police Station-Nautanwa, District-Mahrajganj during the pendency of trial. 3-First bail application of the applicant was rejected by this Court vide order dated 04.03.2025 in Criminal Misc. Bail Application No. 4873 of 2025 due to non disclosure of criminal history. 4-As per the prosecution case, in brief, the informant- Mahavir (father of the deceased) got a first information report lodged on 17.08.2024 for the offence under Sections 85, 80, 238 B.N.S. and Sections 3/4 Dowry Prohibition Act against Rahul (applicant), Ranjeet, Sujeet, Ashish, Kishori and Kismati Devi, who are husband and his other family members alleging inter-alia that on 01.12.2020, marriage of the deceased was solemnized with the applicant but after marriage, applicant started mounting pressure upon the deceased to bring Rs. 5,00,000/- as an additional dowry. F.I.R. further alleges that as the deceased expressed her parents' inability to give the aforesaid dowry, the behaviour of her in-laws was changed and they started torturing and assaulting her. They used to lock her in a room without food and water. From the wedlock of deceased and applicant, a male child was born, who is presently aged about 18 months. The deceased was thrown out of her matrimonial house. Thereafter, she made a complaint before Mahila Thana, Siddharthnagar and also made a complaint on 09.07.2024 through I.G.R.S. The aforesaid accused persons, due to their greed, committed her murder and also cremated her dead body without giving any information to the informant. 5-It is submitted by learned counsel for the applicant that the applicant is husband of the deceased, who has been falsely implicated in this case. It is next submitted that on the illness of the deceased, applicant got her admitted on 30.07.2024 in Community Health Centre, Maharajganj and she was discharged on 01.04.2024. Since the deceased was a cancer patient and her treatment was going on since 2023 in Tata Memorial Centre, Varanasi, therefore, she being fed up with her illness consumed poison on 03.08.2024. The applicant, in order to save her life immediately, got her admitted on 03.08.2024 in B.R.D. Medical College, Gorakhpur, where her treatment was going on, but during treatment, she died on 14.08.2024 in the hospital. The information about the death of the deceased was given by Ashish Kumar, Ward Boy, Ward No. 14 of B.R.D. Medical College to the police. The inquest proceedings was conducted on 16.08.2024 and in the said proceedings, applicant and his father were present. Referring the inquest report, it was also pointed out that as per the opinion of panch witnesses, deceased has consumed poisonous substance on account of her long illness. It is further submitted that the deceased died leaving behind a child, who is presently aged about 18 months and is living in the house of the applicant. It is also submitted that the information about the death of the deceased was given to her parents by the applicant on 15.08.2024. The dead body of the deceased was cremated in the presence of villagers. Thereafter the complainant who is father of the deceased, in order to settle his personal score, got a first information report lodged on 17.08.2024 on false and concocted facts. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 18.11.2024 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 6-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant, but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. 7-Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that the deceased (wife of the applicant) was suffering from cancer disease and her treatment was going on since 2023. The little child of the applicant is living with his grand-father and grand-mother. The efforts have also been made by the applicant to save the life of the deceased. 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 applicant to the parents of deceased. The accused were also present at the spot at the time of inquest proceeding 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. Considering the overall facts and circumstances of the case, applicant has made out a case for bail. 8-Hence, the bail application is hereby allowed. 9-Let the applicant-Rahul 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) That the applicant shall cooperate in 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. 10-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 23.4.2025 Saurabh SAURABH KUMAR High Court of Judicature at Allahabad
1-Heard Ms. Kamla Singh, learned counsel for the applicant and learned Additional Government Advocate representing the State. 2-The instant criminal miscellaneous second bail application under Section 483 BNSS has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 255 of 2024, under Sections 85, 80(2) of BNS and Sections 3/4 of D.P. Act, Police Station-Nautanwa, District-Mahrajganj during the pendency of trial. 3-First bail application of the applicant was rejected by this Court vide order dated 04.03.2025 in Criminal Misc. Bail Application No. 4873 of 2025 due to non disclosure of criminal history. 4-As per the prosecution case, in brief, the informant- Mahavir (father of the deceased) got a first information report lodged on 17.08.2024 for the offence under Sections 85, 80, 238 B.N.S. and Sections 3/4 Dowry Prohibition Act against Rahul (applicant), Ranjeet, Sujeet, Ashish, Kishori and Kismati Devi, who are husband and his other family members alleging inter-alia that on 01.12.2020, marriage of the deceased was solemnized with the applicant but after marriage, applicant started mounting pressure upon the deceased to bring Rs. 5,00,000/- as an additional dowry. F.I.R. further alleges that as the deceased expressed her parents' inability to give the aforesaid dowry, the behaviour of her in-laws was changed and they started torturing and assaulting her. They used to lock her in a room without food and water. From the wedlock of deceased and applicant, a male child was born, who is presently aged about 18 months. The deceased was thrown out of her matrimonial house. Thereafter, she made a complaint before Mahila Thana, Siddharthnagar and also made a complaint on 09.07.2024 through I.G.R.S. The aforesaid accused persons, due to their greed, committed her murder and also cremated her dead body without giving any information to the informant. 5-It is submitted by learned counsel for the applicant that the applicant is husband of the deceased, who has been falsely implicated in this case. It is next submitted that on the illness of the deceased, applicant got her admitted on 30.07.2024 in Community Health Centre, Maharajganj and she was discharged on 01.04.2024. Since the deceased was a cancer patient and her treatment was going on since 2023 in Tata Memorial Centre, Varanasi, therefore, she being fed up with her illness consumed poison on 03.08.2024. The applicant, in order to save her life immediately, got her admitted on 03.08.2024 in B.R.D. Medical College, Gorakhpur, where her treatment was going on, but during treatment, she died on 14.08.2024 in the hospital. The information about the death of the deceased was given by Ashish Kumar, Ward Boy, Ward No. 14 of B.R.D. Medical College to the police. The inquest proceedings was conducted on 16.08.2024 and in the said proceedings, applicant and his father were present. Referring the inquest report, it was also pointed out that as per the opinion of panch witnesses, deceased has consumed poisonous substance on account of her long illness. It is further submitted that the deceased died leaving behind a child, who is presently aged about 18 months and is living in the house of the applicant. It is also submitted that the information about the death of the deceased was given to her parents by the applicant on 15.08.2024. The dead body of the deceased was cremated in the presence of villagers. Thereafter the complainant who is father of the deceased, in order to settle his personal score, got a first information report lodged on 17.08.2024 on false and concocted facts. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 18.11.2024 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 6-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant, but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. 7-Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that the deceased (wife of the applicant) was suffering from cancer disease and her treatment was going on since 2023. The little child of the applicant is living with his grand-father and grand-mother. The efforts have also been made by the applicant to save the life of the deceased. 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 applicant to the parents of deceased. The accused were also present at the spot at the time of inquest proceeding 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. Considering the overall facts and circumstances of the case, applicant has made out a case for bail. 8-Hence, the bail application is hereby allowed. 9-Let the applicant-Rahul 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) That the applicant shall cooperate in 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. 10-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 23.4.2025 Saurabh SAURABH KUMAR High Court of Judicature at Allahabad