High Court · 2025

2. Heard Sri Amarnath Tripathi, learned counsel for the applicant, Sri Ayush Kaushik, learned counsel for the informant and Sri Manav Chaurasia, learned AGA for the State-respondent.

3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.241 of 2024, Session Trial No. 1317 of 2024, under Sections- 498-A & 304-B IPC and Section 3/4 of D.P. Act, Police Station- Medical College, District- Meerut, during pendency of the trial in the court below.

4. FIR of the present case was lodged on 10.6.2024 against the applicant and his family members and according to the FIR, marriage of the applicant was solemnized with the daughter of the informant on18.2.2024 and after marriage, applicant and his family members started torturing her for demand of Rs.30,00,000/- and a Fortuner four wheeler. It is further mentioned in the FIR that on 10.6.2024, they committed her murder by hanging her.

5. Learned counsel for the applicant submitted that the applicant is however husband of the deceased but on the basis of false allegation, he has been made accused in the present case along with his family members.

6. He further submitted that along with the applicant as many as four other persons were also made accused but during investigation, their involvement was found false and the charge- sheet was filed only against the applicant and this fact suggests that FIR is based on false and frivolous facts.

7. He further submitted that actually deceased was highly educated lady and she was IAS aspirant and this fact is even evident from the FIR itself and she did not want to marry and against her wishes her marriage was solemnized with the applicant and only due to this reason, within four months of her marriage, she committed suicide by hanging herself.

8. He further submitted that however, during investigation, Investigating Officer procured a suicide note of the deceased and according to the suicide note which has been annexed at page no. 53 of the paper book, due to the torture of the applicant, she committed suicide but even from the suicide note, it could not be reflected that applicant tortured her for demand of dowry, therefore, prima facie, present case does not appear to be a case of dowry death.

9. He further submitted that actually alleged suicide note of the deceased is not her suicide note and till date, there is no evidence on record which can suggest that it was in her hand writing. It is next submitted that even informant i.e. father of the deceased in his statement recorded during investigation categorically stated that the alleged suicide note is not of his daughter i.e. deceased and thus no even reliance can be placed on such suicide note.

10. He further submits that applicant is having no criminal history to his credit and he in the present matter is in jail since 12.6.2024 i.e. for last more than eight months.

11. Per contra, learned AGA as well as learned counsel for the informant, opposed the prayer for bail and submits that the applicant is husband of the deceased and his wife died within four months of her marriage in her matrimonial home under abnormal circumstances. They further submitted that there is also allegation of demand of dowry.

12. They further submitted that from the suicide note of the deceased, it reflects due to the torture of the applicant she committed suicide but they could not dispute the fact that from the suicide note it could not be reflected that she was subjected to cruelty due to demand of dowry. They further could not dispute the fact that the informant in his statement recorded during investigation categorically stated that alleged recovered suicide note was not of his daughter i.e. deceased.

13. I have heard both the parties and perused the record of the case.

14. However, applicant is husband of the deceased and his wife died within four months of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of demand of dowry but from the postmortem report and suicide note, prima facie it appears to be a case of suicidal death and considering the qualification of the deceased and the facts that the she was quite seriously preparing IAS examination, the defence taken by the applicant with regard to the suicide committed by his wife cannot be completely brushed aside at this stage.

15. Further, even, from the record, it reflects during investigation, Investigating Officer procured a suicide note of the deceased which has been annexed along the with instant bail application and from its perusal although it reflects deceased committed suicide due to the extreme torture of the applicant but from the suicide note it could not be reflected that she was tortured due to demand of dowry. Considering this fact, the arguments advanced by learned counsel for the applicant that it is not a case of dowry death, cannot be ruled out at this stage.

16. Further, however, from the statement of the informant recorded during investigation it reflects, he categorically stated that the alleged recovered suicide note was not of his daughter i.e. deceased..

17. Further, till date there is no evidence which can suggest that the alleged recovered suicide note was in the hand writing of the deceased, however, charge-sheet has already submitted in the matter.

18. Further, applicant is not having any criminal history and in the present matter he is in jail since 12.6.2024 i.e. for last more than eight months. Further, law is settled unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purpose

19. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

20. Let the applicant- Suraj be released on bail in the aforesaid case 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) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activities.

21. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

22. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 18.2.2025 Akbar MOHAMMAD AKBAR High Court of Judicature at Allahabad

2. Heard Sri Amarnath Tripathi, learned counsel for the applicant, Sri Ayush Kaushik, learned counsel for the informant and Sri Manav Chaurasia, learned AGA for the State-respondent.

3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.241 of 2024, Session Trial No. 1317 of 2024, under Sections- 498-A & 304-B IPC and Section 3/4 of D.P. Act, Police Station- Medical College, District- Meerut, during pendency of the trial in the court below.

4. FIR of the present case was lodged on 10.6.2024 against the applicant and his family members and according to the FIR, marriage of the applicant was solemnized with the daughter of the informant on18.2.2024 and after marriage, applicant and his family members started torturing her for demand of Rs.30,00,000/- and a Fortuner four wheeler. It is further mentioned in the FIR that on 10.6.2024, they committed her murder by hanging her.

5. Learned counsel for the applicant submitted that the applicant is however husband of the deceased but on the basis of false allegation, he has been made accused in the present case along with his family members.

6. He further submitted that along with the applicant as many as four other persons were also made accused but during investigation, their involvement was found false and the charge- sheet was filed only against the applicant and this fact suggests that FIR is based on false and frivolous facts.

7. He further submitted that actually deceased was highly educated lady and she was IAS aspirant and this fact is even evident from the FIR itself and she did not want to marry and against her wishes her marriage was solemnized with the applicant and only due to this reason, within four months of her marriage, she committed suicide by hanging herself.

8. He further submitted that however, during investigation, Investigating Officer procured a suicide note of the deceased and according to the suicide note which has been annexed at page no. 53 of the paper book, due to the torture of the applicant, she committed suicide but even from the suicide note, it could not be reflected that applicant tortured her for demand of dowry, therefore, prima facie, present case does not appear to be a case of dowry death.

9. He further submitted that actually alleged suicide note of the deceased is not her suicide note and till date, there is no evidence on record which can suggest that it was in her hand writing. It is next submitted that even informant i.e. father of the deceased in his statement recorded during investigation categorically stated that the alleged suicide note is not of his daughter i.e. deceased and thus no even reliance can be placed on such suicide note.

10. He further submits that applicant is having no criminal history to his credit and he in the present matter is in jail since 12.6.2024 i.e. for last more than eight months.

11. Per contra, learned AGA as well as learned counsel for the informant, opposed the prayer for bail and submits that the applicant is husband of the deceased and his wife died within four months of her marriage in her matrimonial home under abnormal circumstances. They further submitted that there is also allegation of demand of dowry.

12. They further submitted that from the suicide note of the deceased, it reflects due to the torture of the applicant she committed suicide but they could not dispute the fact that from the suicide note it could not be reflected that she was subjected to cruelty due to demand of dowry. They further could not dispute the fact that the informant in his statement recorded during investigation categorically stated that alleged recovered suicide note was not of his daughter i.e. deceased.

13. I have heard both the parties and perused the record of the case.

14. However, applicant is husband of the deceased and his wife died within four months of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of demand of dowry but from the postmortem report and suicide note, prima facie it appears to be a case of suicidal death and considering the qualification of the deceased and the facts that the she was quite seriously preparing IAS examination, the defence taken by the applicant with regard to the suicide committed by his wife cannot be completely brushed aside at this stage.

15. Further, even, from the record, it reflects during investigation, Investigating Officer procured a suicide note of the deceased which has been annexed along the with instant bail application and from its perusal although it reflects deceased committed suicide due to the extreme torture of the applicant but from the suicide note it could not be reflected that she was tortured due to demand of dowry. Considering this fact, the arguments advanced by learned counsel for the applicant that it is not a case of dowry death, cannot be ruled out at this stage.

16. Further, however, from the statement of the informant recorded during investigation it reflects, he categorically stated that the alleged recovered suicide note was not of his daughter i.e. deceased..

17. Further, till date there is no evidence which can suggest that the alleged recovered suicide note was in the hand writing of the deceased, however, charge-sheet has already submitted in the matter.

18. Further, applicant is not having any criminal history and in the present matter he is in jail since 12.6.2024 i.e. for last more than eight months. Further, law is settled unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purpose

19. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

20. Let the applicant- Suraj be released on bail in the aforesaid case 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) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activities.

21. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

22. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 18.2.2025 Akbar MOHAMMAD AKBAR High Court of Judicature at Allahabad