Phoolo Devi and another v. State of U.P.), copy of the order is annexed as annexure

: Alok Kumar Srivastava, Yogesh Kumar Court No. - 66

1. List revised. HON'BLE SAMIT GOPAL, J.

2. Heard Sri Alok Kumar Srivastava, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Sachin Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 241 of 2025, under Sections 115(2), 352, 351(2), 85, 80(2) BNS, 2023 and Section 3, 4 of the Dowry Prohibition Act, 1961, registered at Police Station Hathras Gate, District Hathras.

4. The FIR of the matter was lodged on 22.06.2025 by Akash against the applicant and five other persons alleging therein that the marriage of his two sisters Pooja and Sheetal was solemnized on 09.06.2019 during Corona period. Pooja was married to Monu and Sheetal was married to Sachin. Monu and Sachin are the real brothers. After marriage the accused persons were not satisfied with the gifts and dowry and there was an additional dowry of a motorcycle demanded by the accused persons. They used to torture and assault both his sisters. His sisters were then sent back to her maternal house. On 18.06.2025 at about 10:00 am the accused persons came to the house of the informant and assaulted Pooja and Sheetal. Sheetal was mercilessly beaten and her hairs were also pulled and knocked down to the ground. She then due to torture and assault of the accused persons at about 10:30 am committed suicide by hanging herself. Report be lodged and action be taken.

5. Learned counsel for the applicant submitted that although the applicant is the husband of the deceased Sheetal but he has been falsely implicated in the present case. It is submitted that general and omnibus allegations have been levelled against the applicant and other co-accused persons. It is submitted that Smt. Sheetal was found to have received a single ligature 2 BAIL No. 34140 of 2025 mark on her body and the cause of death is asphyxia as a result of antemortem hanging. It is submitted that as per the prosecution case itself Smt. Sheetal committed suicide by hanging herself in her maternal house. It is submitted that the demand of dowry has come for the first time when the present FIR has been lodged. It is submitted that the marriage of the applicant to the deceased was solemnized around six years back. It is further submitted that co-accused Phoolo Devi and Naval Singh have been granted bail by a co-ordinate Bench of this Court vide order dated 06.08.2025 passed in Crl. Misc. Bail Application No. 27150 of 2025 (Phoolo Devi and another Vs. State of U.P.), copy of the order is annexed as annexure 6 to the affidavit. It is submitted that the applicant has no criminal history as stated in para 21 of the affidavit and is in jail since 24.06.2025.

6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is the husband of the deceased Sheetal. The applicant is named in the FIR and there are allegations of assault and torture of the deceased. The deceased died in her maternal house by hanging herself is not disputed by learned counsel for the State.

7. After having heard learned counsels for the parties and perusing the records, it is evident that the marriage of the applicant was solemnized with the deceased Sheetal around six years back. The deceased died in her maternal house by hanging herself. Co-accused Phoolo Devi and Naval Singh have been granted bail.

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 Sachin Kumar, 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) 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. 3 BAIL No. 34140 of 2025 (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.

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.

12. Pending application(s), if any, shall stand disposed of. October 7, 2025 M. ARIF (Samit Gopal,J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

: Alok Kumar Srivastava, Yogesh Kumar Court No. - 66

1. List revised. HON'BLE SAMIT GOPAL, J.

2. Heard Sri Alok Kumar Srivastava, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Sachin Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 241 of 2025, under Sections 115(2), 352, 351(2), 85, 80(2) BNS, 2023 and Section 3, 4 of the Dowry Prohibition Act, 1961, registered at Police Station Hathras Gate, District Hathras.

4. The FIR of the matter was lodged on 22.06.2025 by Akash against the applicant and five other persons alleging therein that the marriage of his two sisters Pooja and Sheetal was solemnized on 09.06.2019 during Corona period. Pooja was married to Monu and Sheetal was married to Sachin. Monu and Sachin are the real brothers. After marriage the accused persons were not satisfied with the gifts and dowry and there was an additional dowry of a motorcycle demanded by the accused persons. They used to torture and assault both his sisters. His sisters were then sent back to her maternal house. On 18.06.2025 at about 10:00 am the accused persons came to the house of the informant and assaulted Pooja and Sheetal. Sheetal was mercilessly beaten and her hairs were also pulled and knocked down to the ground. She then due to torture and assault of the accused persons at about 10:30 am committed suicide by hanging herself. Report be lodged and action be taken.

5. Learned counsel for the applicant submitted that although the applicant is the husband of the deceased Sheetal but he has been falsely implicated in the present case. It is submitted that general and omnibus allegations have been levelled against the applicant and other co-accused persons. It is submitted that Smt. Sheetal was found to have received a single ligature 2 BAIL No. 34140 of 2025 mark on her body and the cause of death is asphyxia as a result of antemortem hanging. It is submitted that as per the prosecution case itself Smt. Sheetal committed suicide by hanging herself in her maternal house. It is submitted that the demand of dowry has come for the first time when the present FIR has been lodged. It is submitted that the marriage of the applicant to the deceased was solemnized around six years back. It is further submitted that co-accused Phoolo Devi and Naval Singh have been granted bail by a co-ordinate Bench of this Court vide order dated 06.08.2025 passed in Crl. Misc. Bail Application No. 27150 of 2025 (Phoolo Devi and another Vs. State of U.P.), copy of the order is annexed as annexure 6 to the affidavit. It is submitted that the applicant has no criminal history as stated in para 21 of the affidavit and is in jail since 24.06.2025.

6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is the husband of the deceased Sheetal. The applicant is named in the FIR and there are allegations of assault and torture of the deceased. The deceased died in her maternal house by hanging herself is not disputed by learned counsel for the State.

7. After having heard learned counsels for the parties and perusing the records, it is evident that the marriage of the applicant was solemnized with the deceased Sheetal around six years back. The deceased died in her maternal house by hanging herself. Co-accused Phoolo Devi and Naval Singh have been granted bail.

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 Sachin Kumar, 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) 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. 3 BAIL No. 34140 of 2025 (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.

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.

12. Pending application(s), if any, shall stand disposed of. October 7, 2025 M. ARIF (Samit Gopal,J.) MOHAMMAD ARIF High Court of Judicature at Allahabad