Allahabad High Court
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30951 of 2025 Ajeet State of U.P. Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) Counsel for Opposite Party(s) Shiv Kumar Singh : : G.A. Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 31 of 2025, under Sections 85, 80 B.N.S., 2023 and Sections 3/4 Dowry Prohibition Act, Police Station Pali, District Lalitpur, during the pendency of trial.
Legal Reasoning
As per prosecution case, in brief, complainant, who is brother of Muskan Bano (now deceased), got a first information report lodged on 16.03.2025 against Ajeet (applicant) and Anwar Shah, who are husband and father- in-law of the deceased stating inter alia that marriage of his sister-Muskan Bano was solemnized about eleven months back with the applicant. In the marriage sufficient dowry was given, but there was consistent demand of Rs. 50,000/- from her in-laws. On non fulfilment of their demand, his sister was being harassed in her matrimonial home. On 09.03.2025, he received information from her sister-Rukhsar Bano that Muskan is ill. When he went to her house, he found that the death body of Muskan was lying in the room. It is argued by learned counsel for the applicant that the applicant is husband of the deceased and he has been falsely implicated in this case. Information about the said incident was given by Rukhsar Bano, who is sister of the deceased on 09.03.2025 at 4:00 p.m. from her mobile No. 7398087736 on Mobile No. 8120746970 of her brother, on which he came to the applicant’s house and informed the police, on which inquest proceedings were conducted. The 2 BAIL No. 30951 of 2025
Legal Reasoning
applicant was also present at the time of inquest and he was also one of the panch witnesses. His name has been shown at Sr. No. 4 of the list of panch witnesses. Thereafter, postmortem of the deceased was conducted, in which it was found that the deceased died by committing suicide. Referring the statement of mother of the deceased it is pointed out that cremation of dead body of the deceased was also done in Pali. Thereafter, F.I.R. was lodged on 16.03.2025 after seven days of the incident. It is also pointed out that during investigation Rukhsar Bano (sister of the deceased) refused for giving any statement and as per statement of the doctor except the ligature mark, no other injury was found on the body of the deceased. It is also submitted that since the deceased was issueless, therefore, she was under depression and committed suicide. It is next submitted that father-in-law of the deceased has been granted bail by the coordinate Bench of this Court vide order dated 26.06.2025 in Criminal Misc. Bail Application No. 21092 of 2025. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 17.03.2025 having no criminal antecedent and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant in the light of prosecution case as mentioned in the F.I.R. but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that as per postmortem report, cause of death of the deceased is asphyxia as a result of ante-mortem hanging and except the ligature mark no other injury was found on the body of the deceased. It is also not in dispute that Rukhsar Bano (sister of the deceased) had given first information about the said incident to her brother, hence she was a material witness of this case, but she has not been made witness of the charge-sheet. The accused-applicant was present at the spot and no one had absconded from the house, which shows natural conduct of the applicant and the same is one of the relevant factors for considering bail. The further details relating to the incident need not be referred to herein since the allegations and the defence thereto is still open to be urged by the parties in the trial Court. Considering the overall facts and circumstances of the case 3 BAIL No. 30951 of 2025 as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the view that prima facie, the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant-Ajeet, 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: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. inducement, (ii) That the applicant shall not directly or indirectly make any to any person threat or promise acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. September 23, 2025 Kashifa (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad