High Court · 2025

2. Heard Sri Sunil Kumar, learned counsel for the applicant and Sri Ram Prakash Shukla, learned counsel for the State and perused the material on records.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Deepak Rathore, seeking enlargement on bail during trial in connection with Case Crime No. 150 of 2024, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Madhogarh, District Jalaun.

4. The first information report of the present matter was lodged on 26.12.2024 by Smt. Anar Devi on the basis of application dated 31.08.2024 moved under Section 175(3) B.N.S.S. by her against the applicant and 05 other persons alleging therein that the marriage of her daughter Neeraj was solemnized with the applicant on 10.02.2020. In the marriage she had given gifts and cash as per her status but the accused persons were not satisfied with it and used to assault & torture her daughter. There was demand of Rs. two lakhs cash as additional dowry from her. On 11.06.2024 she received an information that her daughter has died on which she reached there and found her in-laws to be not present. She gave an information to the police after which the inquest and the postmortem examination on the body was done. Her daugther has been murdered by the accused persons. In spite of it, the police did not lodge the report and then she gave an application through registered post on 24.08.2024 to the Superintendent of Police concerned on which no action was taken and then she has moved an application under Section 175(3) B.N.S.S.

5. Learned counsel for the applicant argued that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is submitted that 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 shock & asphyxia as a result of antemortem hanging. It is submitted that there was no other bodily injury found by the doctor on the body of the deceased. It is submitted that the application under Section 175(3) B.N.S.S. is dated 31.08.2024 which goes to show that the same has been moved after about 02 months & 20 days of the incident. It is submitted that the delay in moving of the application under Section 175(3) B.N.S.S. is totally unexplained and the averment to the said effect is unbelievable. It is submitted that the inquest on the body of the deceased was conducted in which her father and two brothers were witnesses at serial no. 1 to 3 but despite the same no compliant whatsoever was made to the police at that point of time and no first information report was lodged. It is submitted that the investigation in the matter has concluded and a charge-sheet has been submitted against the applicant, Rajendra Rathore the father-in-law, Smt. Meera the mother- in-law of the deceased whereas three other co-accused namely Priya @ Sangeeta, Preeti and Reeta have been exonerated, paragraph 20 & Annexure-11 to the affidavit has been placed before the Court. The applicant has no criminal history as stated in para 30 of the affidavit and is in jail since 15.02.2025.

6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is the husband of the deceased and there is an allegation of demand of dowry against the applicant and other co-accused persons.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the first information report has been lodged on the basis of an application moved under Section 175(3) B.N.S.S. after a delay of about 02 months & 20 days of the incident. Apart from ligature mark there was no other bodily injury found by the doctor on the body of the deceased. The cause of death has been opined as shock & asphyxia as a result of antemortem hanging. The investigation in the matter has concluded and a charge-sheet has been submitted.

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- Deepak Rathore, 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 82 Cr.P.C., 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 174-A I.P.C. (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 313 Cr.P.C. 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 229-A IPC. (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 :- 23.5.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri Sunil Kumar, learned counsel for the applicant and Sri Ram Prakash Shukla, learned counsel for the State and perused the material on records.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Deepak Rathore, seeking enlargement on bail during trial in connection with Case Crime No. 150 of 2024, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Madhogarh, District Jalaun.

4. The first information report of the present matter was lodged on 26.12.2024 by Smt. Anar Devi on the basis of application dated 31.08.2024 moved under Section 175(3) B.N.S.S. by her against the applicant and 05 other persons alleging therein that the marriage of her daughter Neeraj was solemnized with the applicant on 10.02.2020. In the marriage she had given gifts and cash as per her status but the accused persons were not satisfied with it and used to assault & torture her daughter. There was demand of Rs. two lakhs cash as additional dowry from her. On 11.06.2024 she received an information that her daughter has died on which she reached there and found her in-laws to be not present. She gave an information to the police after which the inquest and the postmortem examination on the body was done. Her daugther has been murdered by the accused persons. In spite of it, the police did not lodge the report and then she gave an application through registered post on 24.08.2024 to the Superintendent of Police concerned on which no action was taken and then she has moved an application under Section 175(3) B.N.S.S.

5. Learned counsel for the applicant argued that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is submitted that 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 shock & asphyxia as a result of antemortem hanging. It is submitted that there was no other bodily injury found by the doctor on the body of the deceased. It is submitted that the application under Section 175(3) B.N.S.S. is dated 31.08.2024 which goes to show that the same has been moved after about 02 months & 20 days of the incident. It is submitted that the delay in moving of the application under Section 175(3) B.N.S.S. is totally unexplained and the averment to the said effect is unbelievable. It is submitted that the inquest on the body of the deceased was conducted in which her father and two brothers were witnesses at serial no. 1 to 3 but despite the same no compliant whatsoever was made to the police at that point of time and no first information report was lodged. It is submitted that the investigation in the matter has concluded and a charge-sheet has been submitted against the applicant, Rajendra Rathore the father-in-law, Smt. Meera the mother- in-law of the deceased whereas three other co-accused namely Priya @ Sangeeta, Preeti and Reeta have been exonerated, paragraph 20 & Annexure-11 to the affidavit has been placed before the Court. The applicant has no criminal history as stated in para 30 of the affidavit and is in jail since 15.02.2025.

6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is the husband of the deceased and there is an allegation of demand of dowry against the applicant and other co-accused persons.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the first information report has been lodged on the basis of an application moved under Section 175(3) B.N.S.S. after a delay of about 02 months & 20 days of the incident. Apart from ligature mark there was no other bodily injury found by the doctor on the body of the deceased. The cause of death has been opined as shock & asphyxia as a result of antemortem hanging. The investigation in the matter has concluded and a charge-sheet has been submitted.

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- Deepak Rathore, 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 82 Cr.P.C., 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 174-A I.P.C. (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 313 Cr.P.C. 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 229-A IPC. (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 :- 23.5.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad