The Supreme Court in Ram Govind Upadhyay v. Sudarshan Singh

2. Heard Sri Vijay Kumar, Advocate holding brief of Sri Ajay Bahadur Yadav, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record.

3. Applicant seeks bail in Sessions Case No. 2286 of 2022 arising out of Case Crime No. 313 of 2022, under Sections 498-A, 304-B & 504 of I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station - Jhangaha, District - Gorakhpur, during the pendency of trial.

4. As per prosecution story, the marriage of the applicant was solemnized with the daughter of the informant as per Hindu Rites on 21.05.2021. The applicant and other family members are stated to have subjected her to cruelty for a demand of Rs. 02 lakhs as dowry thereby leading her to death on 17.08.2022.

5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about two days and there is no explanation of the said delay caused.

6. Learned counsel has also stated that the cause of death of deceased was found to be 90% burn injuries, as such, there was no possibility of her deposing before any person. A false statement of the deceased person has been recorded by the Investigating Officer u/s 180 BNSS. There is a video recording of the said incident which is a tutored one. It is further stated that the informant has been examined as P.W.- 1 and she has not whispered a single word about the alleged video recording of the deceased person.

7. Learned counsel has next contended that the applicant is languishing in jail since 26.08.2022, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

8. Per contra, learned AGA has vehemently opposed the bail application on the ground that it is an open and shut case as the statement of the victim which was video recorded and is on record, indicates that the applicant has set her afire with the help of his two sister-in-laws (Nanad and Jethani). The alleged video recording of the deceased person tantamounts to dying declaration, as such, he is not entitled for bail.

9. The Supreme Court in Ram Govind Upadhyay Vs Sudarshan Singh (2002) 3 SCC 598 and Neeru Yadav Vs State of U.P. (2016) 15 SCC 422 has categorically opined that the power to grant bail under Section 439 of CrPC, is of wide amplitude. The court is bestowed with considerable but not unfettered discretion, which calls for exercise in a judicious manner and not as a matter of course and not in whimsical manner.

10. In Gurcharan Singh v. State (Delhi Administration), (1978) 1 SCC 118, it was held by the Supreme Court that the considerations in granting bail are the nature and gravity of the circumstances in which the offence is committed; the position and the status of the accused with reference to the victim and the witnesses; the likelihood of the accused fleeing from justice; of repeating the offence; of jeopardising his own life being faced with a grim prospect of possible conviction in the case; of tampering with witnesses; the history of the case as well as of its investigation and other relevant grounds which, in view of so many valuable factors, cannot be exhaustively set out.

11. In State of U.P. v. Amarmani Tripathi (2005) 8 SCC 21, it was opined by the Supreme Court that there is no strait jacket formula which can ever be prescribed as to what the relevant factors could be. However, certain important factors that are always considered, inter-alia, relate to prima facie involvement of the accused, nature and gravity of the charge, severity of the punishment, and the character, position and standing of the accused.

12. In Prahlad Singh Bhati vs. NCT of Delhi and Ors (2001) 4 SCC 280, the Supreme Court was of the opinion that it has to be kept in mind that for the purposes of granting the bail the Legislature has used the words "reasonable grounds for believing" instead of "the evidence" which means the court dealing with the grant of bail can only satisfy it as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge.

13. In Mahipal v. Rajesh Kumar, (2020) 2 SCC 118 and Ms. Y versus State of Rajasthan and Anr 2022 SCC OnLine SC 458, it was laid down by the Supreme Court that it is a fundamental premise of open justice, to which our judicial system is committed, that factors which have weighed in the mind of the Judge in the rejection or the grant of bail are recorded in the order passed. Open justice is premised on the notion that justice should not only be done, but should manifestly and undoubtedly be seen to be done. The duty of Judges to give reasoned decisions lies at the heart of this commitment.

14. In Manno Lal Jaiswal vs. The State of U.P. and Others 2022 SCC OnLine SC 89, the Supreme Court has observed "when the Accused were charged for the offences punishable under Section 149 of the Indian Penal Code also and when their presence has been established and it is stated that they were part of the unlawful assembly, the individual role and/or overt act by the individual Accused is not significant and/or relevant."

15. In Manoj Kumar Khokhar Vs. State of Rajasthan (2022) 3 SCC 501, it was made clear that the Court deciding a bail application cannot completely divorce its decision from material aspects of the case such as the allegations made against the accused; severity of the punishment if the allegations are proved beyond reasonable doubt and would result in a conviction; reasonable apprehension of the witnesses being influenced by the accused; tampering of the evidence; the frivolity in the case of the prosecution; criminal antecedents of the accused; and a prima facie satisfaction of the Court in support of the charge against the accused. The same view has been vent in Prasanta Kumar Sarkar vs. Ashis Chatterjee and Anr (2010)14 SCC 496; Ishwarji Mali vs. State of Gujarat and another, 2022 SCC OnLine SC 55; Mahipal vs. Rajesh Kumar, (2020) 2 SCC 118; Manno Lal Jaiswal vs. The State of U.P. and others, 2022 SCC OnLine SC 89; Ms. Y vs. State of Rajasthan and Anr 2022 SCC OnLine SC 458; and Deepak Yadav vs. State of U.P. and Anr. (2022)8 SCC 559.

16. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, the aforesaid judgements of Supreme Court and also considering the said video recording of the deceased person recorded by the Investigating Officer coupled by the fact that the cause of death of deceased was found to be 90% burn injuries, I do not find it a fit case to release the applicant on bail.

17. The bail application is, accordingly, rejected.

18. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, in view of the principle laid down in the recent judgements of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab 2015 (3) SCC 220 and Hussain and Another vs. Union of India (2017) 5 SCC 702, if there is no legal impediment.

19. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date:- 11.8.2025 Siddhant (Justice Krishan Pahal) SIDDHANT SAHU SIDDHANT SAHU High Court of Judicature at Allahabad High Court of Judicature at Allahabad

2. Heard Sri Vijay Kumar, Advocate holding brief of Sri Ajay Bahadur Yadav, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record.

3. Applicant seeks bail in Sessions Case No. 2286 of 2022 arising out of Case Crime No. 313 of 2022, under Sections 498-A, 304-B & 504 of I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station - Jhangaha, District - Gorakhpur, during the pendency of trial.

4. As per prosecution story, the marriage of the applicant was solemnized with the daughter of the informant as per Hindu Rites on 21.05.2021. The applicant and other family members are stated to have subjected her to cruelty for a demand of Rs. 02 lakhs as dowry thereby leading her to death on 17.08.2022.

5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about two days and there is no explanation of the said delay caused.

6. Learned counsel has also stated that the cause of death of deceased was found to be 90% burn injuries, as such, there was no possibility of her deposing before any person. A false statement of the deceased person has been recorded by the Investigating Officer u/s 180 BNSS. There is a video recording of the said incident which is a tutored one. It is further stated that the informant has been examined as P.W.- 1 and she has not whispered a single word about the alleged video recording of the deceased person.

7. Learned counsel has next contended that the applicant is languishing in jail since 26.08.2022, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

8. Per contra, learned AGA has vehemently opposed the bail application on the ground that it is an open and shut case as the statement of the victim which was video recorded and is on record, indicates that the applicant has set her afire with the help of his two sister-in-laws (Nanad and Jethani). The alleged video recording of the deceased person tantamounts to dying declaration, as such, he is not entitled for bail.

9. The Supreme Court in Ram Govind Upadhyay Vs Sudarshan Singh (2002) 3 SCC 598 and Neeru Yadav Vs State of U.P. (2016) 15 SCC 422 has categorically opined that the power to grant bail under Section 439 of CrPC, is of wide amplitude. The court is bestowed with considerable but not unfettered discretion, which calls for exercise in a judicious manner and not as a matter of course and not in whimsical manner.

10. In Gurcharan Singh v. State (Delhi Administration), (1978) 1 SCC 118, it was held by the Supreme Court that the considerations in granting bail are the nature and gravity of the circumstances in which the offence is committed; the position and the status of the accused with reference to the victim and the witnesses; the likelihood of the accused fleeing from justice; of repeating the offence; of jeopardising his own life being faced with a grim prospect of possible conviction in the case; of tampering with witnesses; the history of the case as well as of its investigation and other relevant grounds which, in view of so many valuable factors, cannot be exhaustively set out.

11. In State of U.P. v. Amarmani Tripathi (2005) 8 SCC 21, it was opined by the Supreme Court that there is no strait jacket formula which can ever be prescribed as to what the relevant factors could be. However, certain important factors that are always considered, inter-alia, relate to prima facie involvement of the accused, nature and gravity of the charge, severity of the punishment, and the character, position and standing of the accused.

12. In Prahlad Singh Bhati vs. NCT of Delhi and Ors (2001) 4 SCC 280, the Supreme Court was of the opinion that it has to be kept in mind that for the purposes of granting the bail the Legislature has used the words "reasonable grounds for believing" instead of "the evidence" which means the court dealing with the grant of bail can only satisfy it as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge.

13. In Mahipal v. Rajesh Kumar, (2020) 2 SCC 118 and Ms. Y versus State of Rajasthan and Anr 2022 SCC OnLine SC 458, it was laid down by the Supreme Court that it is a fundamental premise of open justice, to which our judicial system is committed, that factors which have weighed in the mind of the Judge in the rejection or the grant of bail are recorded in the order passed. Open justice is premised on the notion that justice should not only be done, but should manifestly and undoubtedly be seen to be done. The duty of Judges to give reasoned decisions lies at the heart of this commitment.

14. In Manno Lal Jaiswal vs. The State of U.P. and Others 2022 SCC OnLine SC 89, the Supreme Court has observed "when the Accused were charged for the offences punishable under Section 149 of the Indian Penal Code also and when their presence has been established and it is stated that they were part of the unlawful assembly, the individual role and/or overt act by the individual Accused is not significant and/or relevant."

15. In Manoj Kumar Khokhar Vs. State of Rajasthan (2022) 3 SCC 501, it was made clear that the Court deciding a bail application cannot completely divorce its decision from material aspects of the case such as the allegations made against the accused; severity of the punishment if the allegations are proved beyond reasonable doubt and would result in a conviction; reasonable apprehension of the witnesses being influenced by the accused; tampering of the evidence; the frivolity in the case of the prosecution; criminal antecedents of the accused; and a prima facie satisfaction of the Court in support of the charge against the accused. The same view has been vent in Prasanta Kumar Sarkar vs. Ashis Chatterjee and Anr (2010)14 SCC 496; Ishwarji Mali vs. State of Gujarat and another, 2022 SCC OnLine SC 55; Mahipal vs. Rajesh Kumar, (2020) 2 SCC 118; Manno Lal Jaiswal vs. The State of U.P. and others, 2022 SCC OnLine SC 89; Ms. Y vs. State of Rajasthan and Anr 2022 SCC OnLine SC 458; and Deepak Yadav vs. State of U.P. and Anr. (2022)8 SCC 559.

16. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, the aforesaid judgements of Supreme Court and also considering the said video recording of the deceased person recorded by the Investigating Officer coupled by the fact that the cause of death of deceased was found to be 90% burn injuries, I do not find it a fit case to release the applicant on bail.

17. The bail application is, accordingly, rejected.

18. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, in view of the principle laid down in the recent judgements of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab 2015 (3) SCC 220 and Hussain and Another vs. Union of India (2017) 5 SCC 702, if there is no legal impediment.

19. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date:- 11.8.2025 Siddhant (Justice Krishan Pahal) SIDDHANT SAHU SIDDHANT SAHU High Court of Judicature at Allahabad High Court of Judicature at Allahabad