High Court · 2025

2. Heard Sri Preet Pal Singh Rathore, learned counsel for the applicant, Sri Pradeep Kumar, learned AGA for the State- respondent and Sri Lal Bahadur Yadav, learned counsel for the informant.

3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.228 of 2024, under Sections- 115(2), 80, 85, 92 B.N.S. and Sections 3/4 D.P. Act, Police Station- Gunnaur, District- Sambhal, during pendency of the trial in the court below.

4. FIR of the present case was lodged on 14.8.2024 against the applicant and his family members and according to the FIR, marriage of the applicant was solemnized with the daughter of the informant about three years before. After marriage, applicant and his family members started torturing her for demand of Rs.2,00,000/- and when on 25.7.2024 after receiving information that his daughter was being beaten by the applicant and others, his nephew arrived at her matrimonial home then he found that she was not present there and on query, applicant and his family members informed him that she had gone somewhere from the house in anger and subsequently, nephew of the informant came to know that daughter of the informant had committed suicide by hanging herself.

5. Learned counsel for the applicant submitted that applicant is however husband of the deceased but on the basis of false allegation of demand of dowry and torture, he has been made accused in the present case.

6. He further submitted that deceased i.e. wife of the applicant was short tempered lady and she was also pregnant and for these reasons, very often she become hyper on petty issues and on the date of incident on such issue in anger, she left her matrimonial home and committed suicide by hanging through a tree.

7. He further submitted that immediately after the incident, the informant side was informed but in spite of that FIR of the present case was lodged on 4.8.2024 i.e. after 10 days.

8. He further submitted that however, postmortem report suggests apart from the ligature mark, deceased also sustained multiple abrasions on her left arm but as she committed suicide by hanging herself through tree, therefore, possibility cannot be ruled out that while she was committing suicide, she sustained these abrasions.

9. He next submits that as per the autopsy surgeon, deceased died due to hanging therefore, it appears to be a case of suicidal death.

10. He further submits that applicant is having no criminal history to his credit and he in the present matter is in jail since 9.8.2024 i.e. for last more than six months.

11. Per contra, learned AGA as well as learned counsel for the informant, opposed the prayer for bail and submits that applicant is husband of the deceased and his wife died within three years of her marriage under abnormal circumstances. They further submitted that there is also allegation of demand of dowry but it could not be disputed that there is delay of 10 days in lodging the FIR of the present case.

12. They however, further submitted that however, deceased died due to hanging but postmortem report suggests that apart from the ligature mark, she also sustained multiple abrasions but they could not dispute the fact that the dead body of the deceased was found in hanging condition from a tree. They further could not be disputed that in the present case, applicant is in jail for last more than six months.

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 three years of her marriage under abnormal circumstances and there is also allegation of demand of dowry of Rs. 2,00,000/- but it reflects, FIR of the present case was lodged after 10 days, therefore, there is delay in lodging the FIR,

15. Further, from the postmortem report it appears deceased died due to hanging however, it also reflects she sustained multiple abrasions on her left arm but as deceased died by hanging from a tree, therefore, this Court finds merit in the arguments advanced by learned counsel for the applicant that while she was trying to commit suicide then she might have sustained these abrasions.

16. Further, applicant is not having any criminal history and in the present matter he is in jail since 9.8.2024 i.e. for last more than six months.

17. Further, law is settled unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purpose.

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

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

20. Let the applicant- Surendra 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 :- 19.2.2025 Akbar MOHAMMAD AKBAR High Court of Judicature at Allahabad

2. Heard Sri Preet Pal Singh Rathore, learned counsel for the applicant, Sri Pradeep Kumar, learned AGA for the State- respondent and Sri Lal Bahadur Yadav, learned counsel for the informant.

3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.228 of 2024, under Sections- 115(2), 80, 85, 92 B.N.S. and Sections 3/4 D.P. Act, Police Station- Gunnaur, District- Sambhal, during pendency of the trial in the court below.

4. FIR of the present case was lodged on 14.8.2024 against the applicant and his family members and according to the FIR, marriage of the applicant was solemnized with the daughter of the informant about three years before. After marriage, applicant and his family members started torturing her for demand of Rs.2,00,000/- and when on 25.7.2024 after receiving information that his daughter was being beaten by the applicant and others, his nephew arrived at her matrimonial home then he found that she was not present there and on query, applicant and his family members informed him that she had gone somewhere from the house in anger and subsequently, nephew of the informant came to know that daughter of the informant had committed suicide by hanging herself.

5. Learned counsel for the applicant submitted that applicant is however husband of the deceased but on the basis of false allegation of demand of dowry and torture, he has been made accused in the present case.

6. He further submitted that deceased i.e. wife of the applicant was short tempered lady and she was also pregnant and for these reasons, very often she become hyper on petty issues and on the date of incident on such issue in anger, she left her matrimonial home and committed suicide by hanging through a tree.

7. He further submitted that immediately after the incident, the informant side was informed but in spite of that FIR of the present case was lodged on 4.8.2024 i.e. after 10 days.

8. He further submitted that however, postmortem report suggests apart from the ligature mark, deceased also sustained multiple abrasions on her left arm but as she committed suicide by hanging herself through tree, therefore, possibility cannot be ruled out that while she was committing suicide, she sustained these abrasions.

9. He next submits that as per the autopsy surgeon, deceased died due to hanging therefore, it appears to be a case of suicidal death.

10. He further submits that applicant is having no criminal history to his credit and he in the present matter is in jail since 9.8.2024 i.e. for last more than six months.

11. Per contra, learned AGA as well as learned counsel for the informant, opposed the prayer for bail and submits that applicant is husband of the deceased and his wife died within three years of her marriage under abnormal circumstances. They further submitted that there is also allegation of demand of dowry but it could not be disputed that there is delay of 10 days in lodging the FIR of the present case.

12. They however, further submitted that however, deceased died due to hanging but postmortem report suggests that apart from the ligature mark, she also sustained multiple abrasions but they could not dispute the fact that the dead body of the deceased was found in hanging condition from a tree. They further could not be disputed that in the present case, applicant is in jail for last more than six months.

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 three years of her marriage under abnormal circumstances and there is also allegation of demand of dowry of Rs. 2,00,000/- but it reflects, FIR of the present case was lodged after 10 days, therefore, there is delay in lodging the FIR,

15. Further, from the postmortem report it appears deceased died due to hanging however, it also reflects she sustained multiple abrasions on her left arm but as deceased died by hanging from a tree, therefore, this Court finds merit in the arguments advanced by learned counsel for the applicant that while she was trying to commit suicide then she might have sustained these abrasions.

16. Further, applicant is not having any criminal history and in the present matter he is in jail since 9.8.2024 i.e. for last more than six months.

17. Further, law is settled unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purpose.

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

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

20. Let the applicant- Surendra 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 :- 19.2.2025 Akbar MOHAMMAD AKBAR High Court of Judicature at Allahabad