High Court · 2025

1. Heard Sri Uday Pratap Singh holding brief of Sri Ram Chandra Dwivedi, learned counsel for the applicant and Ms. Rafiya Farooqui, learned A.G.A. for the State.

2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 6.11.2024 in Case Crime No. 808 of 2024 u/s 80,85 BNS & 3/4 Dowry Prohibition Act, P.S. Kotwali, District Unnao. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

3. Attention has been drawn towards impugned F.I.R. wherein the allegation of demanding dowry and torture has been levelled against the family members of the applicant. The present applicant is husband of the victim (since deceased). His relation with his wife were cordial. With the aforesaid wedlock they were blessed with two daughters and one son. As per the allegation of the F.I.R. the present applicant and his family members were demanding dowry of Rs. 1,00,000/- and motorcycle and on account of aforesaid demand they were torturing the daughter of the informant. On account of such mental and physical torture she committed suicide on 3.11.2024. The complainant recorded his statement u/s 180 BNSS reiterating the same story. His wife has also recorded the same statement but while recording his statement u/s 183 BNSS before the Magistrate on 22.11.2024 the informant has categorically stated that he had lodged false F.I.R. against his son-in-law and his family members at the behest of the relatives as his son-in-law was having cordial relation with his daughter. They were happily living with their children. His daughter has never complained against his son-in-law or his family members. Even his son-in-law and his daughter have never fought on any issues as they were happily living. He put his thumb impression on the written complaint / F.I.R. on the instigation and behest of family members though such allegations are not correct. He lastly stated that his present statement may be recorded as this statement is free from any coercion or pressure and is recording this statement by his free will.

4. Learned counsel for the applicant has stated that in view of the aforesaid statement of the informant recorded u/s 183 BNSS the present applicant may be enlarged on bail. The present applicant has his permanent address, therefore, there is no flight risk. The applicant has no prior criminal history of any kind whatsoever. Since his wife has expired and he is in jail there is none to look after the children so this may be one more reason to grant him bail so that he could look after his children properly.

5. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

6. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

7. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that applicant's relation with his wife were cordial, while recording his statement u/s 183 BNSS before the Magistrate on 22.11.2024 the complainant has categorically stated that he had lodged false F.I.R. against his son-in-law and his family members at the behest of the relatives, his son-in-law was having cordial relation with his daughter and they were happily living with their children and the victim (since deceased) has never complained against his son-in-law or his family members, even his son-in-law and his daughter have never fought on any issues as they were happily living, the complainant put his thumb impression on the written complaint / F.I.R. on the instigation and behest of family members though such allegations are not correct, the complainant lastly stated that his present statement may be recorded as this statement is free from any coercion or pressure and is recording this statement by his free will, applicant has his permanent address, therefore, there is no flight risk, applicant has no prior criminal history of any kind whatsoever, since his wife has expired and the applicant is in jail there is none to look after the children so this may be one more reason to grant him bail so that he could look after his children properly and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

8. Bail application is allowed.

9. Let the applicant Suresh Kumar, involved in aforesaid case crime be released on bail on his 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 shall file an undertaking to the effect that he / she shall not seek any adjournment on the dates 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S., 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 / her in accordance with law. . Order Date :- 29.1.2025 Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA OM PRAKASH MISHRA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

1. Heard Sri Uday Pratap Singh holding brief of Sri Ram Chandra Dwivedi, learned counsel for the applicant and Ms. Rafiya Farooqui, learned A.G.A. for the State.

2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 6.11.2024 in Case Crime No. 808 of 2024 u/s 80,85 BNS & 3/4 Dowry Prohibition Act, P.S. Kotwali, District Unnao. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

3. Attention has been drawn towards impugned F.I.R. wherein the allegation of demanding dowry and torture has been levelled against the family members of the applicant. The present applicant is husband of the victim (since deceased). His relation with his wife were cordial. With the aforesaid wedlock they were blessed with two daughters and one son. As per the allegation of the F.I.R. the present applicant and his family members were demanding dowry of Rs. 1,00,000/- and motorcycle and on account of aforesaid demand they were torturing the daughter of the informant. On account of such mental and physical torture she committed suicide on 3.11.2024. The complainant recorded his statement u/s 180 BNSS reiterating the same story. His wife has also recorded the same statement but while recording his statement u/s 183 BNSS before the Magistrate on 22.11.2024 the informant has categorically stated that he had lodged false F.I.R. against his son-in-law and his family members at the behest of the relatives as his son-in-law was having cordial relation with his daughter. They were happily living with their children. His daughter has never complained against his son-in-law or his family members. Even his son-in-law and his daughter have never fought on any issues as they were happily living. He put his thumb impression on the written complaint / F.I.R. on the instigation and behest of family members though such allegations are not correct. He lastly stated that his present statement may be recorded as this statement is free from any coercion or pressure and is recording this statement by his free will.

4. Learned counsel for the applicant has stated that in view of the aforesaid statement of the informant recorded u/s 183 BNSS the present applicant may be enlarged on bail. The present applicant has his permanent address, therefore, there is no flight risk. The applicant has no prior criminal history of any kind whatsoever. Since his wife has expired and he is in jail there is none to look after the children so this may be one more reason to grant him bail so that he could look after his children properly.

5. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

6. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

7. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that applicant's relation with his wife were cordial, while recording his statement u/s 183 BNSS before the Magistrate on 22.11.2024 the complainant has categorically stated that he had lodged false F.I.R. against his son-in-law and his family members at the behest of the relatives, his son-in-law was having cordial relation with his daughter and they were happily living with their children and the victim (since deceased) has never complained against his son-in-law or his family members, even his son-in-law and his daughter have never fought on any issues as they were happily living, the complainant put his thumb impression on the written complaint / F.I.R. on the instigation and behest of family members though such allegations are not correct, the complainant lastly stated that his present statement may be recorded as this statement is free from any coercion or pressure and is recording this statement by his free will, applicant has his permanent address, therefore, there is no flight risk, applicant has no prior criminal history of any kind whatsoever, since his wife has expired and the applicant is in jail there is none to look after the children so this may be one more reason to grant him bail so that he could look after his children properly and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

8. Bail application is allowed.

9. Let the applicant Suresh Kumar, involved in aforesaid case crime be released on bail on his 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 shall file an undertaking to the effect that he / she shall not seek any adjournment on the dates 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S., 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 / her in accordance with law. . Order Date :- 29.1.2025 Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA OM PRAKASH MISHRA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench