High Court · 2025

1. Heard Sri Tripurari Pal, learned counsel for the applicant, Sri Sitaram Patel, learned counsel for the informant and Sri Shatruhan Yadav, learned AGA for the State.

2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 243 of 2024, under Sections 80, 85 B.N.S. and Section 3/4 D.P. Act, Police Station Islamnagar, District Budaun during pendency of the trial.

3. FIR of the present case was lodged against applicant and his parents and according to the FIR marriage of the applicant was solemnized with the daughter of the informant about three years before and after marriage applicant and his family members started torturing her for demand of dowry and on 04.08.2024 in the afternoon they have committed her murder.

4. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter and actually applicant neither ever demanded any dowry nor tortured the deceased in any manner.

5. He further submits, actually deceased even after three years of her marriage could not conceive, therefore, she was under deep depression and under the pressure of the society she committed suicide by hanging herself.

6. He further submits, immediately after the incident the cousin brother of the applicant informed the police and informant side was also informed and after his information inquest was conducted and in the inquest father of the deceased i.e. informant of the case was also one of the inquest witness but at that time he did not raise any objection and after the inquest he lodged the FIR of the present case and this fact clearly suggests that subsequently after due consultation on wrong facts FIR of the present case was lodged. He further submits, inquest report has been annexed at page-33 of the paper-book.

7. He further submits, post mortem report of the deceased also suggest that deceased died due to hanging.

8. He further submits, from the perusal of the FIR it reflects that it is based on vague allegation of demand of dowry as there was no specific demand of dowry could be disclosed in the FIR and during investigation when the statement of informant was recorded then he disclosed that there was demand of Rs. 5 lakhs and this fact suggests that subsequently informant developed a false story and actually it is not a case of dowry death.

9. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 06.08.2024.

10. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is husband of the deceased and his wife died within three 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 in the FIR there is no specific allegation of demand of dowry could be disclosed.

11. They further could not dispute the fact that FIR of the present case was lodged after the inquest and in the inquest informant was one of the witness. They further could not dispute the fact that deceased died due to hanging.

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

13. However, applicant is husband of the deceased and his wife died within three years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but from perusal of the FIR, it reflects that in the FIR there is no specific demand of dowry could be disclosed, however, during investigation informant disclosed that there was demand of Rs. 5 lakhs and considering this fact, the argument advanced by learned counsel for the applicant that FIR is based on vague allegation of demand of dowry cannot be ruled out at this stage.

14. Further, from the inquest report which has been annexed along with instant bail application, it reflects, it has been conducted after the information given by the cousin brother of the applicant and in the inquest informant was one of the inquest witness and at that time he did not raise any objection and after the inquest he lodged the FIR of the present case.

15. Further, from perusal of the post mortem report, it reflects, deceased died due to hanging, therefore, prima facie, it appears to be case of suicidal death and reason of suicide disclosed by learned counsel for the applicant in the instant bail application cannot be ruled out at this stage considering the rural background of the parties.

16. Further, applicant is not having any criminal history and in the present matter he is in jail since 06.08.2024.

17. 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.

19. Let the applicant - Akshay Kumar 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.

20. 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.

21. 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 :- 9.1.2025 AK Pandey ANUPAM KUMAR PANDEY ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad High Court of Judicature at Allahabad

1. Heard Sri Tripurari Pal, learned counsel for the applicant, Sri Sitaram Patel, learned counsel for the informant and Sri Shatruhan Yadav, learned AGA for the State.

2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 243 of 2024, under Sections 80, 85 B.N.S. and Section 3/4 D.P. Act, Police Station Islamnagar, District Budaun during pendency of the trial.

3. FIR of the present case was lodged against applicant and his parents and according to the FIR marriage of the applicant was solemnized with the daughter of the informant about three years before and after marriage applicant and his family members started torturing her for demand of dowry and on 04.08.2024 in the afternoon they have committed her murder.

4. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter and actually applicant neither ever demanded any dowry nor tortured the deceased in any manner.

5. He further submits, actually deceased even after three years of her marriage could not conceive, therefore, she was under deep depression and under the pressure of the society she committed suicide by hanging herself.

6. He further submits, immediately after the incident the cousin brother of the applicant informed the police and informant side was also informed and after his information inquest was conducted and in the inquest father of the deceased i.e. informant of the case was also one of the inquest witness but at that time he did not raise any objection and after the inquest he lodged the FIR of the present case and this fact clearly suggests that subsequently after due consultation on wrong facts FIR of the present case was lodged. He further submits, inquest report has been annexed at page-33 of the paper-book.

7. He further submits, post mortem report of the deceased also suggest that deceased died due to hanging.

8. He further submits, from the perusal of the FIR it reflects that it is based on vague allegation of demand of dowry as there was no specific demand of dowry could be disclosed in the FIR and during investigation when the statement of informant was recorded then he disclosed that there was demand of Rs. 5 lakhs and this fact suggests that subsequently informant developed a false story and actually it is not a case of dowry death.

9. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 06.08.2024.

10. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is husband of the deceased and his wife died within three 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 in the FIR there is no specific allegation of demand of dowry could be disclosed.

11. They further could not dispute the fact that FIR of the present case was lodged after the inquest and in the inquest informant was one of the witness. They further could not dispute the fact that deceased died due to hanging.

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

13. However, applicant is husband of the deceased and his wife died within three years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of demand of dowry but from perusal of the FIR, it reflects that in the FIR there is no specific demand of dowry could be disclosed, however, during investigation informant disclosed that there was demand of Rs. 5 lakhs and considering this fact, the argument advanced by learned counsel for the applicant that FIR is based on vague allegation of demand of dowry cannot be ruled out at this stage.

14. Further, from the inquest report which has been annexed along with instant bail application, it reflects, it has been conducted after the information given by the cousin brother of the applicant and in the inquest informant was one of the inquest witness and at that time he did not raise any objection and after the inquest he lodged the FIR of the present case.

15. Further, from perusal of the post mortem report, it reflects, deceased died due to hanging, therefore, prima facie, it appears to be case of suicidal death and reason of suicide disclosed by learned counsel for the applicant in the instant bail application cannot be ruled out at this stage considering the rural background of the parties.

16. Further, applicant is not having any criminal history and in the present matter he is in jail since 06.08.2024.

17. 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.

19. Let the applicant - Akshay Kumar 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.

20. 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.

21. 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 :- 9.1.2025 AK Pandey ANUPAM KUMAR PANDEY ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad High Court of Judicature at Allahabad