Allahabad High Court
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31628 of 2025 Govind Ram State of U.P. Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) Counsel for Opposite Party(s) : :
Legal Reasoning
Himanshu Srivastava G.A. Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. learned counsel learned Additional 1-Heard Government Advocate representing the State and perused the record. the applicant, for 2-By means of this bail application, applicant-Govind Ram who is involved in Case Crime No. 229 of 2024, under Sections 80(2), 85, 351(3) B.N.S., 2023 and Sections 3/4 Dowry Prohibition Act, Police Station Jatahan Bazar, District Kushinagar seeks enlargement on bail during the pendency of trial. 3-As per the prosecution case in brief, complainant-Tapsee Ram who is brother of the deceased-Sona Devi got a first information report lodged on 27.11.2024 against Harilal Ram, Daulat Devi, Govind Ram, Sunita Devi, Sangeeta Kumari and Geeta Kumari, who are father-in- law, mother-in-law, husband and sisters-in-law of the deceased respectively stating inter-alia that the marriage of his two sisters, namely, Meena Devi and Sona Devi were solemnized with Kishore Ram and Govind Ram, who are real brothers but his younger sister Sona Devi was being harassed for dowry by her in-laws and she has been done to death in her matrimonial home. 4-It is argued by learned counsel for the applicant that applicant is husband of the deceased and he has been falsely implicated in this case. There was no demand of dowry from the side of the applicant as alleged by the prosecution. The marriage of the applicant with Sona @ Sonam was a love marriage, hence there was no question for demand of dowry. The deceased died by committing suicide on 25.11.2024, therefore, applicant cannot be said to be liable for the death of the deceased. Co-accused Daulat Devi @ Daulatiya and Harilal Ram, who are mother-in-law and father-in-law of the deceased have been granted bail by the co-ordinate Bench of this court vide order dated 23.4.2025 and 15.05.2025 in Criminal Misc. Bail 2 BAIL No. 31628 of 2025 Application Nos. 8726 of 2025 and 13485 of 2025, therefore, the applicant who is languishing in jail since 29.11.2024 may be enlarged on bail. 5-On the other hand, learned A.G.A. for the State opposed the prayer for bail of the applicant reiterating the prosecution case as mentioned in F.I.R. by contending that the information about the said incident was not given by the applicant to the parents of the deceased but her sister had given an information about the said incident. It is further pointed out that information about the said incident to police was given by village chowkidar, on which the police personnel came to the matrimonial home of the deceased and at the time of inquest proceedings, applicant was not present. It is also pointed out that during investigation, statement of Meena Devi, who is real sister as well as bhabhi of the deceased was recorded, in which she has stated inter-alia that on account of harassment and torture of her sister Sona @ Sonam, in her matrimonial home due to dowry, she committed suicide whereas she was pregnant also, hence, considering the gravity of the offence, the instant bail application is liable to be rejected. 6-Having heard the submission of learned counsel for the parties and perusing the record, I find that deceased Sona @ Sonam was pregnant and as per her post-mortem report, she died due to asphyxia as a result of ante-mortem hanging. Here it is also relevant to quote the statement of Smt. Meena Devi, which reads as under:- "………… मृतका सोना उफर् सोनम मेरी छोटी बहन थी। मेरी शादीिकशोर पु्ऴ हिरलाल राम सा० िवशुनपुरा बुजर्ग (धागड़ टोली) पोस्ट िकन्नर प्टी थाना जटहाँ बजार िजला कु शीनगर के साथ माह जून वषर् 2019 में हुई थी। शादी के बाद िकशोर राम के छोटे भाई गोिवन्द राम म जो जो हमारे देवर लगते हैं का हमारे घर आना जाना हो गया और उसका हमारी बहन सोना उफर् सोनम के साथ ्ऺेम सम्बन्ध हो गया। िजसके बाद इन दोनों लोगों ने स्वेच्छा से अपनी शादी माह िदसम्बर 2019 में िकन्नरप्टी में िस्थत दुगार् मिन्दर में जाकर स्वयं ही कर ली। चू ँिक हमारी पुरानी िरस्तेदारी थी और हमारी जाित के भी थे इस कारण हम लोगों ने भी उनकी शादी स्वीकार कर ली। परन्तु शादी के कु छ समयबाद से ही मेरी बहन सोना उफर् सोनम को उसके पित गोिवन्द राम, ससुर हिरलाल राम, सास दौलत देवी, ननद सुनीता देवी, संगीता देवी व गीता देवी उसे दहेज के िलए ्ऺतािड़त करती रहते थे तथा दहेज में मोटर साईिकल व एक लाख रूपये की माँग करते थे। दहेज की पूित न होने पर उसे ्ऺतािड़त करते रहते थे मैने व मेरे मायके वालों ने कई बार समझाया लेिकन यह लोग नहीं माने। उ्व दहेज ्ऺताड़ना के कारण ही मेरी बहन िदनाकः 25.11.24 को समय शाम लगभग 06.00 बजे फाँसी लगाकर आत्महत्या कर ली। साहब घटना के बाद उपरो्व लोग मुझे भी मारने की धमकी दे रहे थे। साहब मेरी बहन सोना उफर् सोनम गभर्वती भी थी।………….." 3 BAIL No. 31628 of 2025 7-The deceased died her unnatural death within five years in her matrimonial home. The applicant being husband of the deceased was not only responsible for the safety and welfare of his wife, but also under heavy onus to explain her unnatural death, which took place in his own house. It is a natural conduct that if daughter-in-law dies her unnatural death in her matrimonial house, an information will be given to her parents or other concerned relative, whereas in the present case, nothing is on record to indicate that information was given by the husband to her parents, which shows unnatural conduct of the applicant. 8-Under the facts of the case, presumption of dowry death under Section 117 of the Bharatiya Sakshya Adhiniyam,2023 shall also be drawn against the applicant. 9-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.
Decision
10-In view of the above, I do not find any good ground to grant bail to the applicant. 11-Accordingly, instant bail application is rejected. 12-It is made clear that any observation made in this order is confined to the issue of bail only and shall not affect the merit of trial. September 23, 2025 Saurabh (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad