High Court · 2025

2. Heard Sri Ramdeo Mani Tripathi, learned counsel for the applicant, Sri Dinesh Kumar Maurya, learned counsel for the first informant and Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. The Vakalatnama of Sri Dinesh Kumar Maurya, learned counsel for the first informant is not on record. Office to trace out the same and place it on record and make a note in the order-sheet about it.

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Ram Sumer, seeking enlargement on bail during trial in connection with Case Crime No. 435 of 2024, under Sections 85, 80 B.N.S. & Section 3/4 Dowry Prohibition Act, Police Station Dudhara, District Sant Kabir Nagar.

5. Learned counsel for the applicant argued as follows:- (i) The applicant has been falsely implicated in the present case. (ii) The applicant is the father-in-law of the deceased Smt. Durgawati. (iii) The marriage of the deceased Durgawati was solemnized with Vijay Yadav the son of the applicant in the month of January 2022. (iv) General and omnibus allegations have been levelled against the applicant. (v) The deceased committed suicide which is suggestive from the postmortem examination report wherein the deceased has received a single ligature mark on her body and the cause of death has been opined as asphyxia as a result of antemortem hanging. (vi) Vijay Yadav the husband of the deceased is in jail. (vii) The applicant has no criminal history as stated in para 21 and is in jail since 28.11.2024. (viii) While placing paragraph 17 of the affidavit it is submitted that investigation in the matter has concluded and charge-sheet has been submitted against the applicant, the husband and mother-in- law of the deceased on 15.02.2025 and as such there are no chances of the applicant tampering with the evidence. It is submitted that the deceased and her husband were leading a happy married life as is evident from the fact that one child was born on 06.02.2023 out of the wedlock, paragraph 12 of the affidavit has been placed before the Court. (ix) Co-accused Smt. Vindalawati the mother-in-law of the deceased has been granted bail by this Court vide order dated 01.05.2025 passed in Crl. Misc. Bail Application No. 9603 of 2025 (Smt. Vindalawati Vs. State of U).

6. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is named in the FIR and there are allegations against him but could not dispute the fact that the said co-accused has been granted bail.

7. 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. The cause of death is asphyxia as a result of antemortem hanging. Vijay Yadav the husband of the deceased is in jail. Co-accused Smt. Vindalawati the mother-in-law of the deceased has been granted bail. Charge sheet in the matter has been submitted against the applicant.

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- Ram Sumer, 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 she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/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 :- 7.5.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Heard Sri Ramdeo Mani Tripathi, learned counsel for the applicant, Sri Dinesh Kumar Maurya, learned counsel for the first informant and Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. The Vakalatnama of Sri Dinesh Kumar Maurya, learned counsel for the first informant is not on record. Office to trace out the same and place it on record and make a note in the order-sheet about it.

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Ram Sumer, seeking enlargement on bail during trial in connection with Case Crime No. 435 of 2024, under Sections 85, 80 B.N.S. & Section 3/4 Dowry Prohibition Act, Police Station Dudhara, District Sant Kabir Nagar.

5. Learned counsel for the applicant argued as follows:- (i) The applicant has been falsely implicated in the present case. (ii) The applicant is the father-in-law of the deceased Smt. Durgawati. (iii) The marriage of the deceased Durgawati was solemnized with Vijay Yadav the son of the applicant in the month of January 2022. (iv) General and omnibus allegations have been levelled against the applicant. (v) The deceased committed suicide which is suggestive from the postmortem examination report wherein the deceased has received a single ligature mark on her body and the cause of death has been opined as asphyxia as a result of antemortem hanging. (vi) Vijay Yadav the husband of the deceased is in jail. (vii) The applicant has no criminal history as stated in para 21 and is in jail since 28.11.2024. (viii) While placing paragraph 17 of the affidavit it is submitted that investigation in the matter has concluded and charge-sheet has been submitted against the applicant, the husband and mother-in- law of the deceased on 15.02.2025 and as such there are no chances of the applicant tampering with the evidence. It is submitted that the deceased and her husband were leading a happy married life as is evident from the fact that one child was born on 06.02.2023 out of the wedlock, paragraph 12 of the affidavit has been placed before the Court. (ix) Co-accused Smt. Vindalawati the mother-in-law of the deceased has been granted bail by this Court vide order dated 01.05.2025 passed in Crl. Misc. Bail Application No. 9603 of 2025 (Smt. Vindalawati Vs. State of U).

6. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is named in the FIR and there are allegations against him but could not dispute the fact that the said co-accused has been granted bail.

7. 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. The cause of death is asphyxia as a result of antemortem hanging. Vijay Yadav the husband of the deceased is in jail. Co-accused Smt. Vindalawati the mother-in-law of the deceased has been granted bail. Charge sheet in the matter has been submitted against the applicant.

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- Ram Sumer, 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 she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/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 :- 7.5.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad