State of U.P v. Party
Case Details
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. General allegation of demand of dowry has been levelled against all the accused persons, which is false and against the evidence on record. It is next submitted that it has not been specified that what was the demand in dowry from the side of the accused. It is pointed out that in fact, the deceased died by committing suicide herself on 24.11.2024 at about 04:00 P.M. and at that time, no other family members were present in the house. When the parents of the 2 BAIL No. 32157 of 2025 applicant returned home from the field, they saw that the deceased has committed suicide by hanging. Thereafter, a written information was given by Tulsa (mother-in-law of the deceased) to the Station House Officer, Police Station Lalpura, District Hamirpur on 24.11.2024 itself, then the police in turn informed the parents of the deceased, on which they came at the spot and dead body of the deceased was taken down with the help of women constable. Thereafter, inquest proceeding of dead body of the deceased was conducted, in which parents of the deceased as well as the applicant were very much present and the applicant was also one of the panch witnesses. that after culmination of investigation, charge-sheet was submitted only against the applicant and his parents and remaining accused persons were exonerated as their complicity was found false. It is next submitted that son of the deceased is living with the applicant's family and daughter of the deceased is living with the complainant's family. The applicant does not have any criminal history to his credit. Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 27.11.2024 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. further submitted It Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant reiterating the prosecution case as mentioned in the F.I.R. but does 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 the post mortem report, cause of death of the deceased is asphyxia as a result of ante mortem hanging and except the ligature mark, no other injury has been found on the body of the deceased. The applicant and his family members were also present at the spot and also participated in the inquest proceeding, which shows natural conduct of in-laws of the deceased and the same is one of the relevant factor for considering bail. Here it is also relevant to mention that the parameters for considering the bail of accused pending trial and conviction or acquittal of accused after adducing evidences by both the parties before the trial Court are different. This Court is of the view that each case turns on its own facts and circumstances. Even a little difference between the facts of two cases, may alter the entire aspect. In view of the provisions under Section 117 of Bhartiya Sakshya Adhiniyam, 2023, it is not that the Courts will shut eyes and act as a silent spectator in all the cases while considering bail applications, the Courts are duty bound to consider broader aspect of the matter 3 BAIL No. 32157 of 2025 and in the light of nature of allegations, the relevant materials of the case diary either produced by the complainant's side or by the accused's side to prove his/her innocence cannot be ignored because bail matters are also related to the valuable liberty of the accused. 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 facts and circumstances of the case 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 opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant Pawn Nishad 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) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person 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. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. September 25, 2025 Shubham (Sanjay Kumar Singh,J.) SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad
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. General allegation of demand of dowry has been levelled against all the accused persons, which is false and against the evidence on record. It is next submitted that it has not been specified that what was the demand in dowry from the side of the accused. It is pointed out that in fact, the deceased died by committing suicide herself on 24.11.2024 at about 04:00 P.M. and at that time, no other family members were present in the house. When the parents of the 2 BAIL No. 32157 of 2025 applicant returned home from the field, they saw that the deceased has committed suicide by hanging. Thereafter, a written information was given by Tulsa (mother-in-law of the deceased) to the Station House Officer, Police Station Lalpura, District Hamirpur on 24.11.2024 itself, then the police in turn informed the parents of the deceased, on which they came at the spot and dead body of the deceased was taken down with the help of women constable. Thereafter, inquest proceeding of dead body of the deceased was conducted, in which parents of the deceased as well as the applicant were very much present and the applicant was also one of the panch witnesses. that after culmination of investigation, charge-sheet was submitted only against the applicant and his parents and remaining accused persons were exonerated as their complicity was found false. It is next submitted that son of the deceased is living with the applicant's family and daughter of the deceased is living with the complainant's family. The applicant does not have any criminal history to his credit. Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 27.11.2024 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. further submitted It Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant reiterating the prosecution case as mentioned in the F.I.R. but does 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 the post mortem report, cause of death of the deceased is asphyxia as a result of ante mortem hanging and except the ligature mark, no other injury has been found on the body of the deceased. The applicant and his family members were also present at the spot and also participated in the inquest proceeding, which shows natural conduct of in-laws of the deceased and the same is one of the relevant factor for considering bail. Here it is also relevant to mention that the parameters for considering the bail of accused pending trial and conviction or acquittal of accused after adducing evidences by both the parties before the trial Court are different. This Court is of the view that each case turns on its own facts and circumstances. Even a little difference between the facts of two cases, may alter the entire aspect. In view of the provisions under Section 117 of Bhartiya Sakshya Adhiniyam, 2023, it is not that the Courts will shut eyes and act as a silent spectator in all the cases while considering bail applications, the Courts are duty bound to consider broader aspect of the matter 3 BAIL No. 32157 of 2025 and in the light of nature of allegations, the relevant materials of the case diary either produced by the complainant's side or by the accused's side to prove his/her innocence cannot be ignored because bail matters are also related to the valuable liberty of the accused. 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 facts and circumstances of the case 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 opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant Pawn Nishad 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) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person 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. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. September 25, 2025 Shubham (Sanjay Kumar Singh,J.) SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad