High Court · 2025

2. Heard Sri Rajesh Yadav, learned counsel for the applicant, Sri Rajeev Kumar Pal, learned counsel for the first informant, Sri Ram Prakash Shukla, learned AGA 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 Shubham, seeking enlargement on bail during trial in connection with Case Crime No.286 of 2024, under Sections 85, 80(2) B.N.S. and 3/4 Dowry Prohibition Act, registered at P.S. Puranpur, District- Pilibhit.

4. The F.I.R. of the matter was lodged on 17.7.2024 by Vijedrapal against the applicant/Shubham, Rameshchandra (father-in-law) and Birwati (mother-in-law) with the allegations that marriage of his daughter/Neha was solemnized with the applicant on 22.2.2023 in which he has given Kwid car and other household items. Sometimes after marriage there was demand of Rs.1 lakh as dowry. The applicant used to consume liquor and after returning from the office, he used to assault his daughter. Even previously the applicant tried to murder her by pressing neck due to which she got disturbed and committed suicide.

5. Learned counsel for the applicant argued that the applicant although is husband of the deceased but he has been falsely implicated in the present case. It is submitted that the deceased committed suicide and died which is evident from the suicide note recovered by the police from the place of occurrence in which the deceased stated that she is committing suicide as she was not happy with the marriage and she does not want any action against anyone after her death. It is submitted that the same thus exonerates the applicant. It is further submitted that even suicide by the deceased is suggestive from the post mortem examination report wherein the body of the deceased was found to have single ligature mark and cause of death was opined as asphyxia due to ante mortem hanging. It is submitted that since the suicide note of the deceased exonerates the applicant and the deceased states that she is committing suicide, the applicant has been implicated falsely in the matter. While placing para15 of the affidavit it is submitted that Investigating Officer has submitted charge sheet in the matter against the applicant only under Section 85, 80(2) B.N.S. and Section 3/4 Dowry Prohibition Act, copy of the said charge sheet has been annexed as annexure no. 9 to the affidavit. It is submitted that on the said charge sheet concerned C.J.M. has taken cognizance vide order dated 19.2.2025 and as such there are no chance of the applicant tempering with the evidence or not co- operating in the investigation. It is argued that the applicant has no other criminal antecedents as stated in para-17 of the affidavit and is in jail since 26.11.2024.

5. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail and submitted that although the said suicide note has been made part of the case diary but the same has been sent to the expert for its examination and the report is still awaited but could not dispute the other arguments with respect to the role of the applicant, conclusion of investigation and submission of charge sheet and also the finding of the post mortem report.

6. After having heard learned counsels for the parties and perusing the record, it is evident that the deceased ws found to have received single ligature mark on her body and cause of death was opined as asphyxia due to ante mortem hanging. The investigating officer has recovered the said suicide note from the place of occurrence which exonerates the accused persons in which it is written that the deceased is committing suicide as she was not happy with the said marriage. The said suicide note has been sent to the expert for its examination but the report is still awaited. Charge sheet has been submitted in the matter against the applicant only on which the court concerned has taken cognizance vide order dated 19.2.2025.

7. 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.

8. Let the applicant- Shubham, 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.

9. 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.

10. The bail application is allowed.

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

2. Heard Sri Rajesh Yadav, learned counsel for the applicant, Sri Rajeev Kumar Pal, learned counsel for the first informant, Sri Ram Prakash Shukla, learned AGA 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 Shubham, seeking enlargement on bail during trial in connection with Case Crime No.286 of 2024, under Sections 85, 80(2) B.N.S. and 3/4 Dowry Prohibition Act, registered at P.S. Puranpur, District- Pilibhit.

4. The F.I.R. of the matter was lodged on 17.7.2024 by Vijedrapal against the applicant/Shubham, Rameshchandra (father-in-law) and Birwati (mother-in-law) with the allegations that marriage of his daughter/Neha was solemnized with the applicant on 22.2.2023 in which he has given Kwid car and other household items. Sometimes after marriage there was demand of Rs.1 lakh as dowry. The applicant used to consume liquor and after returning from the office, he used to assault his daughter. Even previously the applicant tried to murder her by pressing neck due to which she got disturbed and committed suicide.

5. Learned counsel for the applicant argued that the applicant although is husband of the deceased but he has been falsely implicated in the present case. It is submitted that the deceased committed suicide and died which is evident from the suicide note recovered by the police from the place of occurrence in which the deceased stated that she is committing suicide as she was not happy with the marriage and she does not want any action against anyone after her death. It is submitted that the same thus exonerates the applicant. It is further submitted that even suicide by the deceased is suggestive from the post mortem examination report wherein the body of the deceased was found to have single ligature mark and cause of death was opined as asphyxia due to ante mortem hanging. It is submitted that since the suicide note of the deceased exonerates the applicant and the deceased states that she is committing suicide, the applicant has been implicated falsely in the matter. While placing para15 of the affidavit it is submitted that Investigating Officer has submitted charge sheet in the matter against the applicant only under Section 85, 80(2) B.N.S. and Section 3/4 Dowry Prohibition Act, copy of the said charge sheet has been annexed as annexure no. 9 to the affidavit. It is submitted that on the said charge sheet concerned C.J.M. has taken cognizance vide order dated 19.2.2025 and as such there are no chance of the applicant tempering with the evidence or not co- operating in the investigation. It is argued that the applicant has no other criminal antecedents as stated in para-17 of the affidavit and is in jail since 26.11.2024.

5. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail and submitted that although the said suicide note has been made part of the case diary but the same has been sent to the expert for its examination and the report is still awaited but could not dispute the other arguments with respect to the role of the applicant, conclusion of investigation and submission of charge sheet and also the finding of the post mortem report.

6. After having heard learned counsels for the parties and perusing the record, it is evident that the deceased ws found to have received single ligature mark on her body and cause of death was opined as asphyxia due to ante mortem hanging. The investigating officer has recovered the said suicide note from the place of occurrence which exonerates the accused persons in which it is written that the deceased is committing suicide as she was not happy with the said marriage. The said suicide note has been sent to the expert for its examination but the report is still awaited. Charge sheet has been submitted in the matter against the applicant only on which the court concerned has taken cognizance vide order dated 19.2.2025.

7. 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.

8. Let the applicant- Shubham, 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.

9. 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.

10. The bail application is allowed.

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