Allahabad High Court
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30922 of 2025 Ankush State of U.P. Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) Counsel for Opposite Party(s) : R.P.S. Chauhan : Alok Ratna, G.A., Sanjeev Patel Court No. - 66 1. List revised. HON'BLE SAMIT GOPAL, J.
Legal Reasoning
2. Heard Sri R.P.S. Chauhan, learned counsel for the applicant, Sri Sanjeev Patel, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Ankush, seeking enlargement on bail during trial in connection with Case Crime No. 138 of 2025, under Sections 85, 80(2), 115(2) B.N.S. & Section 3/4 Dowry Prohibition Act, Police Station Chandausi, District Sambhal. 4. The first information report of the present matter was lodged on 30.03.2025 by Arvind against the applicant, Saroj, Dinesh and Sonam alleging therein that the marriage of his sister Rakhi was solemnized with Ankush (the present applicant) on 22.11.2023. In the marriage he had spent money more than his status but the accused persons were not happy with the gifts and dowry. There was demand of additional dowry, a car and a plot in Chandausi. The accused persons used to torture and harass his sister. His sister showed helplessness in satisfying the said demand on which the accused persons used to assault and torture her. They were consoled but they did not stop their demand. The mother-in-law Saroj stated that if the demand is not met then Rakhi would be murdered and Ankush would be married again. In the meantime, his sister became pregnant and 2 BAIL No. 30922 of 2025 the accused persons continued to torture her. She gave birth to a girl child. Subsequently on 28.03.2025 her husband broke the LCD TV in the house after which a new TV was given to them. On 29.03.2025 he came to know that his sister has been murdered by the accused persons. He reached there and found her body present. A report be lodged and action be taken. 5. Learned counsel for the applicant submitted that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is submitted that the deceased committed suicide which is also suggestive from the postmortem examination report wherein she was found to have received a single ligature mark and the cause of death was opined as asphyxia as a result of antemortem hanging. It is submitted that the deceased was admitted in the hospital for delivery, blood was asked to be furnished on which the applicant went to blood bank to donate blood and after preliminary examination his blood was not taken and he was advised to undergo further examination on which his sample of blood was drawn on 09.09.2024 wherein the same found to be reactive for HIV antibodies. It is submitted that subsequently as per the Standard of Procedure the entire family members of the applicant were to be tested for HIV but the deceased was being requested by him to give her sample which was being avoided by her. It is submitted that as per the Standard of Procedure if the family members avoid giving sample for the said test then force would be used for it which was the situation and feeling annoyed by it she committed suicide but did not give sample of blood for its testing. It is submitted that co-accused Dinesh the father-in-law and Saroj the mother-in-law of the deceased have been granted bail by a co-ordinate Bench of this Court vide orders dated 04.07.2025 and 14.07.2025 passed in Criminal Misc. Bail Application Nos. 23064 of 2025 and 19711 of 2025, the copy of the said orders is annexed as Annexure-6 to the affidavit. It is submitted that Smt. Sonam the sister-in-law (nand) of the deceased challenged the present first information report in a Criminal Misc. Writ Petition No. 11107 of 2025 in which a Division Bench of this Court vide order dated 28.05.2025 stayed her arrest till the next date of listing or till submission of police report, the copy of the said order is also annexed as Annexure-6 to the affidavit. The applicant has no 3 BAIL No. 30922 of 2025 criminal history as stated in para 40 of the affidavit and is in jail since 30.03.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is the husband of the deceased, he is named in the first information report along with other accused persons and there are allegations against him. Learned counsel could not dispute the contents of paragraph 30 of the affidavit. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant was tested HIV positive after drawing sample on 09.09.2024. Subsequently the victim did not got herself medically examined as per the the Standard of Procedure for the family members of such patient and thus the cause of death is asphyxia as a result of antemortem hanging without any other bodily injury. Co-accused Dinesh the father-in-law and Saroj the mother-in- law of the deceased have been granted bail by a co-ordinate Bench of this Court. The arrest of Smt. Sonam the sister-in-law (nand) of the deceased has been stayed by a Division Bench of this Court. 8. 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. 9. Let the applicant- Ankush, be released on bail in the aforesaid two case crime number on 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:- furnishing a personal bond and (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 4 BAIL No. 30922 of 2025 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 B.N.S.S., 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 B.N.S., 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 B.N.S.S., 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 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. 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. 11. The bail application is allowed.
Decision
12. Pending application (s), if any, shall stand disposed of. October 10, 2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad