State of U.P v. Party

2. Heard Sri Narendra Nath Tripathi, learned counsel for the applicant, Sri Shailesh Verma, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. Office to trace out the vakalatnama of Sri Shailesh Verma and place it on record and make a note in the order sheet about it.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Jawahir Gupta, seeking enlargement on bail during trial in connection with Case Crime No. 175 of 2025, under Sections 103(1), 85, 3(5), 61(2) BNS and Section 3/4 D.P. Act, registered at Police Station Ramkola, District Kushinagar.

5. The FIR of the matter was lodged on 06.05.2025 by Rajendra Gupta against the applicant, husband Kundan, devar Chandan, Rajan and mother-in-law Govinda Devi alleging therein that his daughter Sundari was married around 9 years back with Kundan Gupta. The accused persons used to demand dowry from her and since there was no son born from the wedlock they used to assault her. His daughter had only two daughters. On 06.05.2025 the accused persons used to assault his daughter and cut her neck. The incident was witnessed by both her daughters Bittu and Kaju. The accused persons due to dowry and no son being born have committed the offence. FIR be lodged and action be taken.

6. 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 Smt. Sundari. It is further submitted that from perusal of the postmortem examination report of the deceased it is 2 BAIL No. 28078 of 2025 evident that that the doctor found a single incised wound on her neck and the cause of death opined is due to hemorrhage and shock as a result of antemortem injuries. It is further submitted that apart from the said single injury, there was no other injury found on the body of the deceased. It is further submitted that in so far as Ansika @ Bittu and Anaya @ Kaju are concerned, the said two witnesses being the daughters of the deceased have stated that their father was not treating her mother in a good manner and Ansika @ Bittu stated that she saw her father washing out blood from the floor and he stated that she should not tell to anyone that he has murdered her mother. It is submitted that thus the evidence of the said daughters is against the husband of the deceased. It is submitted that charge sheet in the matter has been submitted against Kundan Gupta the husband, Rajan Gupta, Jawahir Gupta father-in-law (the present applicant), Smt. Govinda Devi the mother-in-law and Chandan the devar of the deceased and as such the investigation has concluded and there are no chances of the applicant tampering with evidence or threatening the witnesses. It is further submitted that from the pointing out of husband Kundan Gupta there is a recovery of the alleged weapon used in the incident. It is submitted that the applicant has no criminal history as stated in para 28 of the affidavit and is in jail since 06.05.2025.

7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the applicant also was living in the same house where the deceased along with her husband and children were living. It is further submitted that the applicant is named in the FIR and charge sheet has been submitted against him also. It is submitted that the bail be rejected.

8. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the father-in-law of the deceased. The deceased was found to have received a single ligature mark which was the cause of death. Two daughters of the deceased were interrogated during investigation who have stated of Kundan Gupta the husband of the deceased being involved in the matter. The case of the applicant is distinguishable with that of co-accused Kundan Gupta. Investigation in the matter has concluded and charge sheet has been submitted. There is no recovery from the possession of the applicant or his pointing out.

9. 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.

10. Let the applicant Jawahir Gupta, 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:- 3 BAIL No. 28078 of 2025 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.

11. 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.

12. The bail application is allowed.

13. Pending application(s), if any, shall stand disposed of. October 6, 2025 M. ARIF (Samit Gopal,J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Heard Sri Narendra Nath Tripathi, learned counsel for the applicant, Sri Shailesh Verma, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. Office to trace out the vakalatnama of Sri Shailesh Verma and place it on record and make a note in the order sheet about it.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Jawahir Gupta, seeking enlargement on bail during trial in connection with Case Crime No. 175 of 2025, under Sections 103(1), 85, 3(5), 61(2) BNS and Section 3/4 D.P. Act, registered at Police Station Ramkola, District Kushinagar.

5. The FIR of the matter was lodged on 06.05.2025 by Rajendra Gupta against the applicant, husband Kundan, devar Chandan, Rajan and mother-in-law Govinda Devi alleging therein that his daughter Sundari was married around 9 years back with Kundan Gupta. The accused persons used to demand dowry from her and since there was no son born from the wedlock they used to assault her. His daughter had only two daughters. On 06.05.2025 the accused persons used to assault his daughter and cut her neck. The incident was witnessed by both her daughters Bittu and Kaju. The accused persons due to dowry and no son being born have committed the offence. FIR be lodged and action be taken.

6. 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 Smt. Sundari. It is further submitted that from perusal of the postmortem examination report of the deceased it is 2 BAIL No. 28078 of 2025 evident that that the doctor found a single incised wound on her neck and the cause of death opined is due to hemorrhage and shock as a result of antemortem injuries. It is further submitted that apart from the said single injury, there was no other injury found on the body of the deceased. It is further submitted that in so far as Ansika @ Bittu and Anaya @ Kaju are concerned, the said two witnesses being the daughters of the deceased have stated that their father was not treating her mother in a good manner and Ansika @ Bittu stated that she saw her father washing out blood from the floor and he stated that she should not tell to anyone that he has murdered her mother. It is submitted that thus the evidence of the said daughters is against the husband of the deceased. It is submitted that charge sheet in the matter has been submitted against Kundan Gupta the husband, Rajan Gupta, Jawahir Gupta father-in-law (the present applicant), Smt. Govinda Devi the mother-in-law and Chandan the devar of the deceased and as such the investigation has concluded and there are no chances of the applicant tampering with evidence or threatening the witnesses. It is further submitted that from the pointing out of husband Kundan Gupta there is a recovery of the alleged weapon used in the incident. It is submitted that the applicant has no criminal history as stated in para 28 of the affidavit and is in jail since 06.05.2025.

7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the applicant also was living in the same house where the deceased along with her husband and children were living. It is further submitted that the applicant is named in the FIR and charge sheet has been submitted against him also. It is submitted that the bail be rejected.

8. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the father-in-law of the deceased. The deceased was found to have received a single ligature mark which was the cause of death. Two daughters of the deceased were interrogated during investigation who have stated of Kundan Gupta the husband of the deceased being involved in the matter. The case of the applicant is distinguishable with that of co-accused Kundan Gupta. Investigation in the matter has concluded and charge sheet has been submitted. There is no recovery from the possession of the applicant or his pointing out.

9. 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.

10. Let the applicant Jawahir Gupta, 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:- 3 BAIL No. 28078 of 2025 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.

11. 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.

12. The bail application is allowed.

13. Pending application(s), if any, shall stand disposed of. October 6, 2025 M. ARIF (Samit Gopal,J.) MOHAMMAD ARIF High Court of Judicature at Allahabad