High Court · 2025

2. Heard Sri Surendra Bahadur Singh, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Ravendra Singh @ Pappu, seeking enlargement on bail during trial in connection with Case Crime No. 262 of 2024, under Sections 85, 80(2), 108 BNS, 2023 and Section 3/4 D.P. Act, registered at Police Station Aunchha, District Mainpuri.

4. The FIR of the matter was lodged on 30.12.2024 by Nitin Kumar against the applicant and four other persons under Sections 85, 80 BNS and 3/4 D.P. Act. The allegations therein are that Renu the sister of the informant was married to Yogendra on 30.05.2021 in which he had given cash, jewellery, household articles and a motorcycle. The accused persons used to trouble and torture her for additional dowry. On 25.10.2024 he received an information that the accused persons are demanding Rs. 1 lakh as additional dowry for which he pleaded for two months time but the accused persons threatened him. On 29.12.2024 at about 03:00 pm he received an information that his sister has been murdered. He reached there and found his sister in a dead condition lying on the bench out of the house. She was having injuries marks on her body.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is the father-in-law of the deceased. It is submitted that the deceased committed suicide and died which is suggestive from the postmortem examination report wherein the doctor found a single ligature mark on the body of the deceased and the cause of death was opined as asphyxia as a result of antemortem hanging. It is submitted that the investigation in the matter has concluded and a charge sheet has been submitted against Yogendra (husband) and Ravendra Singh (father-in-law)/the present applicant whereas Smt. Guddi Devi (mother-in-law), Shailendra (jeth) and Shikha (jethani) have been exonerated in the matter. It is submitted that after investigation the Investigating Officer had deleted Section 80 BNS, 2023 and Section 3/4 Dowry Prohibition Act whereas added Section 108 BNS, 2023 and charge sheet has been submitted under Sections 85, 108 BNS, 2023. It is submitted that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased. The applicant has no mens-rea at all. There is no overt act whatsoever of the applicant which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. It is further submitted that the applicant has no criminal history as stated in para 32 of the affidavit and is in jail since 05.02.2025.

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

7. After having heard learned counsels for the parties and perusing the records, it is evident that initially the FIR was lodged under Sections 85, 80 BNS and 3/4 D.P. Act but after investigation Section 80 BNS, 2023 and Section 3/4 Dowry Prohibition Act had deleted whereas Section 108 BNS, 2023 has been added. Charge sheet has been submitted against Yogendra (husband) and Ravendra Singh (father-in-law) whereas Smt. Guddi Devi (mother- in-law), Shailendra (jeth) and Shikha (jethani) have been exonerated during investigation. There is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased. The applicant has no mens-rea at all. There is no overt act whatsoever of the applicant which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence.

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 Ravendra Singh @ Pappu, 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.

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 :- 12.5.2025/M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Heard Sri Surendra Bahadur Singh, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Ravendra Singh @ Pappu, seeking enlargement on bail during trial in connection with Case Crime No. 262 of 2024, under Sections 85, 80(2), 108 BNS, 2023 and Section 3/4 D.P. Act, registered at Police Station Aunchha, District Mainpuri.

4. The FIR of the matter was lodged on 30.12.2024 by Nitin Kumar against the applicant and four other persons under Sections 85, 80 BNS and 3/4 D.P. Act. The allegations therein are that Renu the sister of the informant was married to Yogendra on 30.05.2021 in which he had given cash, jewellery, household articles and a motorcycle. The accused persons used to trouble and torture her for additional dowry. On 25.10.2024 he received an information that the accused persons are demanding Rs. 1 lakh as additional dowry for which he pleaded for two months time but the accused persons threatened him. On 29.12.2024 at about 03:00 pm he received an information that his sister has been murdered. He reached there and found his sister in a dead condition lying on the bench out of the house. She was having injuries marks on her body.

5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is the father-in-law of the deceased. It is submitted that the deceased committed suicide and died which is suggestive from the postmortem examination report wherein the doctor found a single ligature mark on the body of the deceased and the cause of death was opined as asphyxia as a result of antemortem hanging. It is submitted that the investigation in the matter has concluded and a charge sheet has been submitted against Yogendra (husband) and Ravendra Singh (father-in-law)/the present applicant whereas Smt. Guddi Devi (mother-in-law), Shailendra (jeth) and Shikha (jethani) have been exonerated in the matter. It is submitted that after investigation the Investigating Officer had deleted Section 80 BNS, 2023 and Section 3/4 Dowry Prohibition Act whereas added Section 108 BNS, 2023 and charge sheet has been submitted under Sections 85, 108 BNS, 2023. It is submitted that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased. The applicant has no mens-rea at all. There is no overt act whatsoever of the applicant which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. It is further submitted that the applicant has no criminal history as stated in para 32 of the affidavit and is in jail since 05.02.2025.

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

7. After having heard learned counsels for the parties and perusing the records, it is evident that initially the FIR was lodged under Sections 85, 80 BNS and 3/4 D.P. Act but after investigation Section 80 BNS, 2023 and Section 3/4 Dowry Prohibition Act had deleted whereas Section 108 BNS, 2023 has been added. Charge sheet has been submitted against Yogendra (husband) and Ravendra Singh (father-in-law) whereas Smt. Guddi Devi (mother- in-law), Shailendra (jeth) and Shikha (jethani) have been exonerated during investigation. There is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased. The applicant has no mens-rea at all. There is no overt act whatsoever of the applicant which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence.

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 Ravendra Singh @ Pappu, 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.

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 :- 12.5.2025/M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad