High Court · 2025

1. Heard Sri Abhishek Singh, learned counsel for the applicant and Sri Anant Pratap Singh, 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 2.6.2025 in Case Crime no. 0105 of 2025 u/s 80(2), 85, 92 B.N.S., 2023 & 3/4 Dowry Prohibition Act, 1961, P.S. Sadarpur, District Sitapur. 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 the impugned F.I.R. wherein the date of incident has been indicated as 29.5.2025 but the F.I.R. has been lodged on 30.5.2025 levelling allegation against five accused persons including the present applicant. The present applicant is maternal father-in-law (Mausia-Sasur) of the deceased. He has nothing to do with the family affairs of the deceased as he is living separately. His relation with the deceased were cordial inasmuch as one relative of the deceased was married to his son. As per the postmortem report there is one antemortem injury i.e. contusion 13.0cmx5.0cm present on left side lower abdomen, just above left illiac crest and cause of death is shock and hemorrhage. As per the statement of the independent witness which has been shown by the learned AGA wherein it has been indicated that the deceased was pregnant of nine months and on account of severe complication her husband namely Jaswant Singh took her to hospital where she died during treatment. The present applicant is absolutely unaware about the reason of cause of death. He has not demanded any dowry from her or her family members and he is unable to understand as to why such allegations have been levelled against the present applicant. The present applicant has no criminal history of any kind whatsoever. In this case investigation is going on and the counsel for the applicant extends an undertaking on behalf of the applicant that if he is released on bail, he shall cooperate in the investigation.

4. 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.

5. 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.

6. 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 date of incident has been indicated as 29.5.2025 but the F.I.R. has been lodged on 30.5.2025, present applicant is maternal father-in-law (Mausia-Sasur) of the deceased, applicant has nothing to do with the family affairs of the deceased as he is living separately, his relation with the deceased were cordial inasmuch as one relative of the deceased was married to his son, as per the postmortem report there is one antemortem injury and cause of death is shock and hemorrhage, in the statement of independent witness it has been indicated that the deceased was pregnant of nine months and on account of severe complication her husband namely Jaswant Singh took her to hospital where she died during treatment, applicant has not demanded any dowry from her or her family members, applicant has no criminal history of any kind whatsoever, in this case investigation is going on 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.

7. Bail application is allowed.

8. Let the applicant Vijay Kuamr @ Vijayi, 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 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 under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C.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, in accordance with law, under Section 174-A of the Indian Penal Code. (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 313 Cr.P.C. 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 in accordance with law. (v) The applicant shall not leave the country without permission of the Court concerned.

9. The applicant is directed to appear before the Investigating Officer within 48 hrs. immediately after release from the jail to cooperate in the investigation. He shall further cooperate in the investigation till filing of the Police Report failing which this bail order may be withdrawn on the application being filed by the other side. . Order Date :- 14.7.2025 Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Abhishek Singh, learned counsel for the applicant and Sri Anant Pratap Singh, 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 2.6.2025 in Case Crime no. 0105 of 2025 u/s 80(2), 85, 92 B.N.S., 2023 & 3/4 Dowry Prohibition Act, 1961, P.S. Sadarpur, District Sitapur. 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 the impugned F.I.R. wherein the date of incident has been indicated as 29.5.2025 but the F.I.R. has been lodged on 30.5.2025 levelling allegation against five accused persons including the present applicant. The present applicant is maternal father-in-law (Mausia-Sasur) of the deceased. He has nothing to do with the family affairs of the deceased as he is living separately. His relation with the deceased were cordial inasmuch as one relative of the deceased was married to his son. As per the postmortem report there is one antemortem injury i.e. contusion 13.0cmx5.0cm present on left side lower abdomen, just above left illiac crest and cause of death is shock and hemorrhage. As per the statement of the independent witness which has been shown by the learned AGA wherein it has been indicated that the deceased was pregnant of nine months and on account of severe complication her husband namely Jaswant Singh took her to hospital where she died during treatment. The present applicant is absolutely unaware about the reason of cause of death. He has not demanded any dowry from her or her family members and he is unable to understand as to why such allegations have been levelled against the present applicant. The present applicant has no criminal history of any kind whatsoever. In this case investigation is going on and the counsel for the applicant extends an undertaking on behalf of the applicant that if he is released on bail, he shall cooperate in the investigation.

4. 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.

5. 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.

6. 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 date of incident has been indicated as 29.5.2025 but the F.I.R. has been lodged on 30.5.2025, present applicant is maternal father-in-law (Mausia-Sasur) of the deceased, applicant has nothing to do with the family affairs of the deceased as he is living separately, his relation with the deceased were cordial inasmuch as one relative of the deceased was married to his son, as per the postmortem report there is one antemortem injury and cause of death is shock and hemorrhage, in the statement of independent witness it has been indicated that the deceased was pregnant of nine months and on account of severe complication her husband namely Jaswant Singh took her to hospital where she died during treatment, applicant has not demanded any dowry from her or her family members, applicant has no criminal history of any kind whatsoever, in this case investigation is going on 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.

7. Bail application is allowed.

8. Let the applicant Vijay Kuamr @ Vijayi, 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 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 under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C.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, in accordance with law, under Section 174-A of the Indian Penal Code. (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 313 Cr.P.C. 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 in accordance with law. (v) The applicant shall not leave the country without permission of the Court concerned.

9. The applicant is directed to appear before the Investigating Officer within 48 hrs. immediately after release from the jail to cooperate in the investigation. He shall further cooperate in the investigation till filing of the Police Report failing which this bail order may be withdrawn on the application being filed by the other side. . Order Date :- 14.7.2025 Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench