High Court · 2025

1. Heard Sri Anurag Kumar, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State.

2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 60 of 2024, under Sections 498A, 304B IPC read with Section 3/4 D.P. Act, Police Station Rajepur, District Farrukhabad during pendency of the trial.

3. FIR of the present case was lodged on 13.06.2024 against applicant and his family members and according to the FIR marriage of the applicant was solemnized with the daughter of the informant about five years before and father-in-law of her daughter was a convicted person and he was in jail but when he was released from jail then he started making demand of Rs. 10 lakhs and he also used to tease her and on 02.06.2024 he along with applicant and his family members committed her murder.

4. Learned counsel for the applicant submits, applicant is however husband of the deceased but there is no allegation of torture and demand of dowry against him and allegation of torture and demand of dowry has been specifically made by the informant in the FIR and in her statement recorded during investigation against the father of the applicant i.e. father-in-law of the deceased.

5. He further submits, actually father of the applicant was a man of bad character and he was convicted person and it appears, due to his conduct his daughter-in-law i.e. wife of the applicant committed suicide by hanging herself and after her death being son of co-accused Jai Singh, applicant has been made accused in the present matter along with other family members.

6. He further submits, however, post mortem report suggests that apart from the ligature mark deceased also sustained two contusions and two abrasions but as per autopsy surgeon she died due to hanging and it appears, while she was committing suicide then she sustained these minor contusions and abrasions and it cannot be said that it is not a case of suicidal death.

7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 09.10.2024.

8. Per contra, learned AGA opposed the prayer for bail and submitted, applicant is husband of the deceased and his wife died within five years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but could not dispute the fact that there is no allegation that applicant either demanded any dowry or tortured the deceased in any manner and allegation of demand of dowry and torture is specifically against co-accused Jai Singh i.e. father of the applicant (father-in-law of the deceased).

9. Learned AGA further could not dispute the fact that deceased died due to hanging, however, he pointed out that apart from the ligature mark deceased also sustained two abrasions and two contusions but he fairly conceded, these contusions and abrasions were minor one and they were on non vital parts.

10. I have heard learned counsel for the parties and perused the record of the case.

11. However, applicant is husband of the deceased and his wife died within five years of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of demand of dowry but it reflects, there is no allegation that applicant either made any demand of dowry or tortured the deceased in any manner and allegation of demand of dowry and torture was against his father i.e. father-in-law of the deceased.

12. Further, from the post mortem it reflects, deceased died due to hanging, however, it reflects, apart from the ligature mark deceased also sustained two contusions and two abrasions but these injuries were minor and argument advanced by learned counsel for the applicant that while deceased was trying to commit suicide then she sustained these injuries, cannot be ruled out at this stage.

13. Further, considering the character of father of the applicant i.e. father-in-law of the deceased and nature of allegation leveled against him, the argument advanced by learned counsel for the applicant that due to the bad conduct and behavior of her father-in- law deceased hanged herself, cannot be ruled out at this stage.

14. Further, applicant is not having any criminal history and in the present matter he is in jail since 09.10.2024.

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

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

17. Let the applicant - Veersingh 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 activity.

18. 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.

19. 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 :- 10.2.2025 AK Pandey ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

1. Heard Sri Anurag Kumar, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State.

2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 60 of 2024, under Sections 498A, 304B IPC read with Section 3/4 D.P. Act, Police Station Rajepur, District Farrukhabad during pendency of the trial.

3. FIR of the present case was lodged on 13.06.2024 against applicant and his family members and according to the FIR marriage of the applicant was solemnized with the daughter of the informant about five years before and father-in-law of her daughter was a convicted person and he was in jail but when he was released from jail then he started making demand of Rs. 10 lakhs and he also used to tease her and on 02.06.2024 he along with applicant and his family members committed her murder.

4. Learned counsel for the applicant submits, applicant is however husband of the deceased but there is no allegation of torture and demand of dowry against him and allegation of torture and demand of dowry has been specifically made by the informant in the FIR and in her statement recorded during investigation against the father of the applicant i.e. father-in-law of the deceased.

5. He further submits, actually father of the applicant was a man of bad character and he was convicted person and it appears, due to his conduct his daughter-in-law i.e. wife of the applicant committed suicide by hanging herself and after her death being son of co-accused Jai Singh, applicant has been made accused in the present matter along with other family members.

6. He further submits, however, post mortem report suggests that apart from the ligature mark deceased also sustained two contusions and two abrasions but as per autopsy surgeon she died due to hanging and it appears, while she was committing suicide then she sustained these minor contusions and abrasions and it cannot be said that it is not a case of suicidal death.

7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 09.10.2024.

8. Per contra, learned AGA opposed the prayer for bail and submitted, applicant is husband of the deceased and his wife died within five years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but could not dispute the fact that there is no allegation that applicant either demanded any dowry or tortured the deceased in any manner and allegation of demand of dowry and torture is specifically against co-accused Jai Singh i.e. father of the applicant (father-in-law of the deceased).

9. Learned AGA further could not dispute the fact that deceased died due to hanging, however, he pointed out that apart from the ligature mark deceased also sustained two abrasions and two contusions but he fairly conceded, these contusions and abrasions were minor one and they were on non vital parts.

10. I have heard learned counsel for the parties and perused the record of the case.

11. However, applicant is husband of the deceased and his wife died within five years of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of demand of dowry but it reflects, there is no allegation that applicant either made any demand of dowry or tortured the deceased in any manner and allegation of demand of dowry and torture was against his father i.e. father-in-law of the deceased.

12. Further, from the post mortem it reflects, deceased died due to hanging, however, it reflects, apart from the ligature mark deceased also sustained two contusions and two abrasions but these injuries were minor and argument advanced by learned counsel for the applicant that while deceased was trying to commit suicide then she sustained these injuries, cannot be ruled out at this stage.

13. Further, considering the character of father of the applicant i.e. father-in-law of the deceased and nature of allegation leveled against him, the argument advanced by learned counsel for the applicant that due to the bad conduct and behavior of her father-in- law deceased hanged herself, cannot be ruled out at this stage.

14. Further, applicant is not having any criminal history and in the present matter he is in jail since 09.10.2024.

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

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

17. Let the applicant - Veersingh 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 activity.

18. 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.

19. 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 :- 10.2.2025 AK Pandey ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad