High Court · 2025

2. Sri Lalit Prakash, Advocate appears on behalf of the first informant files vakalatnama today in Court which is taken on record.

3. Heard Sri Gagan Pratap Singh, learned counsel for the applicant, Sri Lalit Prakash, learned counsel for the first informant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

4. This bail application under Section 483 BNSS has been filed by the applicant Dharmveer, seeking enlargement on bail during trial in connection with Case Crime No. 46 of 2025, under Sections 85, 80 BNS and Section 3/4 D.P. Act, registered at P.S. Barsana, District Mathura.

5. The FIR of the matter was lodged on 25.01.2025 by Lakshman Prasad Sharma against the applicant and five other persons along with one unknown person alleging therein that the marriage of his daughter Mamta was solemnized with Bhudev around five years back in which he as per his status has spent Rs. 10-12 lakh for dowry. The accused persons were not satisfied with it and there was a demand of a bullet motorcycle and Rs. 2 lakh cash as additional dowry. They were counselled but they did not agree to it. On 25.01.2025 he received an information that the accused persons murdered his daughter. Report be lodged and action be taken.

6. The postmortem examination of the deceased shows a single ligature mark on her body. Further shows that there was no antemortem injury found on her body. Hyoid bone was fractured. The cause of death is asphyxia as a result of strangulation.

7. Learned counsel for the applicant submits that the applicant is the maternal uncle (mamia sasur) of the deceased. It is submitted while placing para 17 and 18 of the affidavit that the applicant used to live in the village Barchawali which is at a distance of about 30 kilometers from the house of the deceased. It is submitted that the applicant was living separately from that of the deceased and other persons, copy of the Adhar Card of the applicant has been placed before the Court which is annexure 10 to the affidavit. It is submitted that the implication of the applicant is on the basis of general and omnibus allegations. It is submitted that the case of the applicant is distinguishable with that of other co-accused persons being the husband and his family members. It is further submitted that the applicant was previously involved in one other case but he has been acquitted of the charges levelled against him vide judgment and order dated 20.01.2020 and except for the present case there is no other criminal history, para 27 of the affidavit and annexure 11 being the said judgment and order has been placed before the Court. While placing para 32 of the affidavit it is submitted that the applicant is aged about 61 years and is suffering from old age disease. The applicant is in jail since 28.01.2025.

8. Per contra, learned counsel for the first informant vehemently opposed the prayer for bail and submitted that since the father-in-law of the deceased was not alive, the applicant was the person who was taking care of the family. It is submitted that the applicant is named in the FIR and there are allegations against him. Learned counsel for the State has also opposed the prayer for bail and adopted the arguments of learned counsel for the first informant.

9. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the maternal uncle (mamia sasur) of the deceased. General and omnibus allegations have been levelled against the applicant. The applicant is stated to be living at a distance of about 30 kilometers from the place of occurrence where the deceased with her husband and other family members was living.

10. 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.

11. Let the applicant Dharmveer, 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 she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/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.

12. 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.

13. The bail application is allowed.

14. Pending application(s), if any, shall stand disposed of. Order Date :- 15.5.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Sri Lalit Prakash, Advocate appears on behalf of the first informant files vakalatnama today in Court which is taken on record.

3. Heard Sri Gagan Pratap Singh, learned counsel for the applicant, Sri Lalit Prakash, learned counsel for the first informant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

4. This bail application under Section 483 BNSS has been filed by the applicant Dharmveer, seeking enlargement on bail during trial in connection with Case Crime No. 46 of 2025, under Sections 85, 80 BNS and Section 3/4 D.P. Act, registered at P.S. Barsana, District Mathura.

5. The FIR of the matter was lodged on 25.01.2025 by Lakshman Prasad Sharma against the applicant and five other persons along with one unknown person alleging therein that the marriage of his daughter Mamta was solemnized with Bhudev around five years back in which he as per his status has spent Rs. 10-12 lakh for dowry. The accused persons were not satisfied with it and there was a demand of a bullet motorcycle and Rs. 2 lakh cash as additional dowry. They were counselled but they did not agree to it. On 25.01.2025 he received an information that the accused persons murdered his daughter. Report be lodged and action be taken.

6. The postmortem examination of the deceased shows a single ligature mark on her body. Further shows that there was no antemortem injury found on her body. Hyoid bone was fractured. The cause of death is asphyxia as a result of strangulation.

7. Learned counsel for the applicant submits that the applicant is the maternal uncle (mamia sasur) of the deceased. It is submitted while placing para 17 and 18 of the affidavit that the applicant used to live in the village Barchawali which is at a distance of about 30 kilometers from the house of the deceased. It is submitted that the applicant was living separately from that of the deceased and other persons, copy of the Adhar Card of the applicant has been placed before the Court which is annexure 10 to the affidavit. It is submitted that the implication of the applicant is on the basis of general and omnibus allegations. It is submitted that the case of the applicant is distinguishable with that of other co-accused persons being the husband and his family members. It is further submitted that the applicant was previously involved in one other case but he has been acquitted of the charges levelled against him vide judgment and order dated 20.01.2020 and except for the present case there is no other criminal history, para 27 of the affidavit and annexure 11 being the said judgment and order has been placed before the Court. While placing para 32 of the affidavit it is submitted that the applicant is aged about 61 years and is suffering from old age disease. The applicant is in jail since 28.01.2025.

8. Per contra, learned counsel for the first informant vehemently opposed the prayer for bail and submitted that since the father-in-law of the deceased was not alive, the applicant was the person who was taking care of the family. It is submitted that the applicant is named in the FIR and there are allegations against him. Learned counsel for the State has also opposed the prayer for bail and adopted the arguments of learned counsel for the first informant.

9. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the maternal uncle (mamia sasur) of the deceased. General and omnibus allegations have been levelled against the applicant. The applicant is stated to be living at a distance of about 30 kilometers from the place of occurrence where the deceased with her husband and other family members was living.

10. 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.

11. Let the applicant Dharmveer, 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 she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/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.

12. 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.

13. The bail application is allowed.

14. Pending application(s), if any, shall stand disposed of. Order Date :- 15.5.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad