High Court · 2025

2. Heard Sri Nitin Sharma, learned counsel for the applicant, Sri Ram Prakash Shukla, learned AGA for the State and perused the material on record.

3. Sri Parbind Kumar Tiwari, learned counsel for the first informant is not present even in the revised list, despite name of Sri Parbind Kumar Tiwari, being printed in the cause list, there is no vakalatnama on the record. Office to trace it out and place it on the record and make a note about it in the order sheet.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Krishna Kant, seeking enlargement on bail during trial in connection with Case Crime No. 66 of 2024, under Section(s) 80(2), 85 B.N.S. and Section 3/4 Dowry Prohibition Act, 1961, registered at P.S. Basai Jagner, District Agra.

5. The F.I.R. of the matter was lodged on 26.12.2024 by Rajesh Kumar against the applicant and 06 other accused persons alleging therein that marriage of his daughter/Lata was solemnized with the applicant in the year 2020 around 04 years back. The accused persons used to troubled her and there was demand of a car and Rs.5 lakh and used to assault her. They murdered her by suffocating her and then hung her. He received information from secret source that the accused persons just in order to show a different colour, took her to the doctor where she was declared dead.

6. Learned counsel for the applicant argued that the applicant although is the husband of the deceased but he has been falsely implicated in the present case. It is submitted that the F.I.R. has been lodged against six other accused persons apart from the applicant but the police has exonerated all 06 persons and has submitted charge sheet against the applicant only. It is submitted since investigation has concluded and charge sheet has been submitted there are no chances of the applicant tempering with the evidence and not co-operating in the investigation. It is submitted that the applicant and the deceased were leading a happy married life as would be apparent from the fact that a child was born about 03 years back. It is further submitted that subsequently the deceased was unwell and was taken to a doctor for treatment where after investigation she was diagnosed as 'Asherman Syndrome', para- 15 of the affidavit has been placed before the Court for the same. It is submitted while placing para-16 of the affidavit that 'Asherman's Syndrome' also known as intrauterine adhesions or synechiae, is a rare but clinically significant conditioin charaterized by the formation of fibrous tissue within the uterine cavity, resuting in adhesions and obliteration of the endometrial cavity. This condition often leads to a spectrum of menstrual disturbances, infertility, and recurrent pregnancy loss. Further while placing para-17 of the affidavit it is submitted that during course of treatment she visited several times to hospital and several checkups happened but there was no hope of early cure of disease so deceased was in depression as the doctor advised her that there is less hope and may take some time to conceive and adviced to take medicine for another four months and thus the deceased became mentally depressed and committed suicide, true and type copy of prescription is annexed as annexure no. 9 to the affidavit. It is submitted that even the fact that the deceased committed suicide would be suggestive from the post mortem examination report in which single ligature mark was found all around upper part of neck. There is no other external injury found on the body of the deceased and cause of death was opined due to asphyxia as a result of ante mortem hanging. It is submitted that the prosecution case is false in its entirety. It is submitted that the applicant has no other criminal antecedents as stated in para- 21 of the affidavit and is in jail since 30.12.2024.

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

8. After having heard learned counsels for the parties and perusing the record, it is evident that the F.I.R. has been lodged against six other accused persons apart from the applicant but the police has exonerated all 06 persons and has submitted charge sheet against the applicant only. The applicant and the deceased were leading a happy married life as would be apparent from the fact that a child was born about 03 years back. The deceased was diagnosed as 'Asherman Syndrome' which according to the doctor, is a rare but clinically significant conditioin charaterized by the formation of fibrous tissue within the uterine cavity, resuting in adhesions and obliteration of the endometrial cavity. This condition often leads to a spectrum of menstrual disturbances, infertility, and recurrent pregnancy loss and there was no hope of early cure of disease. In the post mortem examination report single ligature mark was found all around upper part of neck and there is no other external injury found on the body of the deceased and cause of death was opined due to asphyxia as a result of ante mortem hanging.

9. 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.

10. Let the applicant- Krishna Kant, 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, 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 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.

11. 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.

12. The bail application is allowed.

13. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 20.5.2025 Naresh NARESH KUMAR High Court of Judicature at Allahabad

2. Heard Sri Nitin Sharma, learned counsel for the applicant, Sri Ram Prakash Shukla, learned AGA for the State and perused the material on record.

3. Sri Parbind Kumar Tiwari, learned counsel for the first informant is not present even in the revised list, despite name of Sri Parbind Kumar Tiwari, being printed in the cause list, there is no vakalatnama on the record. Office to trace it out and place it on the record and make a note about it in the order sheet.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Krishna Kant, seeking enlargement on bail during trial in connection with Case Crime No. 66 of 2024, under Section(s) 80(2), 85 B.N.S. and Section 3/4 Dowry Prohibition Act, 1961, registered at P.S. Basai Jagner, District Agra.

5. The F.I.R. of the matter was lodged on 26.12.2024 by Rajesh Kumar against the applicant and 06 other accused persons alleging therein that marriage of his daughter/Lata was solemnized with the applicant in the year 2020 around 04 years back. The accused persons used to troubled her and there was demand of a car and Rs.5 lakh and used to assault her. They murdered her by suffocating her and then hung her. He received information from secret source that the accused persons just in order to show a different colour, took her to the doctor where she was declared dead.

6. Learned counsel for the applicant argued that the applicant although is the husband of the deceased but he has been falsely implicated in the present case. It is submitted that the F.I.R. has been lodged against six other accused persons apart from the applicant but the police has exonerated all 06 persons and has submitted charge sheet against the applicant only. It is submitted since investigation has concluded and charge sheet has been submitted there are no chances of the applicant tempering with the evidence and not co-operating in the investigation. It is submitted that the applicant and the deceased were leading a happy married life as would be apparent from the fact that a child was born about 03 years back. It is further submitted that subsequently the deceased was unwell and was taken to a doctor for treatment where after investigation she was diagnosed as 'Asherman Syndrome', para- 15 of the affidavit has been placed before the Court for the same. It is submitted while placing para-16 of the affidavit that 'Asherman's Syndrome' also known as intrauterine adhesions or synechiae, is a rare but clinically significant conditioin charaterized by the formation of fibrous tissue within the uterine cavity, resuting in adhesions and obliteration of the endometrial cavity. This condition often leads to a spectrum of menstrual disturbances, infertility, and recurrent pregnancy loss. Further while placing para-17 of the affidavit it is submitted that during course of treatment she visited several times to hospital and several checkups happened but there was no hope of early cure of disease so deceased was in depression as the doctor advised her that there is less hope and may take some time to conceive and adviced to take medicine for another four months and thus the deceased became mentally depressed and committed suicide, true and type copy of prescription is annexed as annexure no. 9 to the affidavit. It is submitted that even the fact that the deceased committed suicide would be suggestive from the post mortem examination report in which single ligature mark was found all around upper part of neck. There is no other external injury found on the body of the deceased and cause of death was opined due to asphyxia as a result of ante mortem hanging. It is submitted that the prosecution case is false in its entirety. It is submitted that the applicant has no other criminal antecedents as stated in para- 21 of the affidavit and is in jail since 30.12.2024.

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

8. After having heard learned counsels for the parties and perusing the record, it is evident that the F.I.R. has been lodged against six other accused persons apart from the applicant but the police has exonerated all 06 persons and has submitted charge sheet against the applicant only. The applicant and the deceased were leading a happy married life as would be apparent from the fact that a child was born about 03 years back. The deceased was diagnosed as 'Asherman Syndrome' which according to the doctor, is a rare but clinically significant conditioin charaterized by the formation of fibrous tissue within the uterine cavity, resuting in adhesions and obliteration of the endometrial cavity. This condition often leads to a spectrum of menstrual disturbances, infertility, and recurrent pregnancy loss and there was no hope of early cure of disease. In the post mortem examination report single ligature mark was found all around upper part of neck and there is no other external injury found on the body of the deceased and cause of death was opined due to asphyxia as a result of ante mortem hanging.

9. 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.

10. Let the applicant- Krishna Kant, 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, 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 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.

11. 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.

12. The bail application is allowed.

13. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 20.5.2025 Naresh NARESH KUMAR High Court of Judicature at Allahabad