High Court · 2025

1. Heard Sri D.P. Dutt Tiwari, learned counsel for the applicant and Sri Nikhil 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 14.4.2025 in Case Crime no.86 of 2025 u/s 85, 108 of BNS, 2023, P.S. Mall, District Lucknow. 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 allegation of demanding dowry and torture has been levelled against the entire family including the present applicant who is father-in-law of the deceased. As per the prosecution story the deceased had married with the son of the present applicant after establishing cordial relation by both inasmuch as that marriage was a love marriage. The deceased was living with her husband separately, however, the present applicant was also living with his son. The son of the present applicant was doing some private job at Delhi and the deceased compelled her husband to take her to Delhi along with him but he refused to take her to Delhi. The present applicant has also allegedly refused his daughter-in-law to go to Delhi along with her husband. She threatened that if the husband of the deceased does not take her to Delhi she will commit suicide. When the son of the present applicant has gone to Delhi leaving the victim (since deceased) at home along with her father-in-law, she committed suicide.

4. Learned counsel for the applicant has stated that even if the prosecution story is taken on its face value, it is a dispute between the husband and wife. Besides, there is no overt or positive act of the present applicant to instigate or abet the victim to commit suicide, therefore, the essential ingredients of section 108 BNS are missing. Since it was a love marriage so no question of demand of dowry arises, though all the aforesaid facts may be tested during the course of the trial. The present applicant has no prior criminal history of any kind whatsoever. Charge- sheet has been filed in this case.

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 as per the prosecution story the deceased had married with the son of the present applicant after establishing cordial relation by both inasmuch as that marriage was a love marriage, deceased was living with her husband separately, the present applicant was also living with his son, even if the prosecution story is taken on its face value, it is a dispute between the husband and wife, there is no overt or positive act of the present applicant to instigate or abet the victim to commit suicide, the essential ingredients of section 108 BNS are missing, since it was a love marriage so no question of demand of dowry arises, present applicant has no prior criminal history of any kind whatsoever, charge-sheet has been filed in this case and the undertaking of the applicant that he shall abide by all terms and conditions of bail, I find it a fit case for bail.

8. Bail application is allowed.

9. Let the applicant Siyaram, 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. (v) The applicant shall not leave the country (India) without prior permission of the Court. . Order Date :- 28.7.2025 Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri D.P. Dutt Tiwari, learned counsel for the applicant and Sri Nikhil 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 14.4.2025 in Case Crime no.86 of 2025 u/s 85, 108 of BNS, 2023, P.S. Mall, District Lucknow. 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 allegation of demanding dowry and torture has been levelled against the entire family including the present applicant who is father-in-law of the deceased. As per the prosecution story the deceased had married with the son of the present applicant after establishing cordial relation by both inasmuch as that marriage was a love marriage. The deceased was living with her husband separately, however, the present applicant was also living with his son. The son of the present applicant was doing some private job at Delhi and the deceased compelled her husband to take her to Delhi along with him but he refused to take her to Delhi. The present applicant has also allegedly refused his daughter-in-law to go to Delhi along with her husband. She threatened that if the husband of the deceased does not take her to Delhi she will commit suicide. When the son of the present applicant has gone to Delhi leaving the victim (since deceased) at home along with her father-in-law, she committed suicide.

4. Learned counsel for the applicant has stated that even if the prosecution story is taken on its face value, it is a dispute between the husband and wife. Besides, there is no overt or positive act of the present applicant to instigate or abet the victim to commit suicide, therefore, the essential ingredients of section 108 BNS are missing. Since it was a love marriage so no question of demand of dowry arises, though all the aforesaid facts may be tested during the course of the trial. The present applicant has no prior criminal history of any kind whatsoever. Charge- sheet has been filed in this case.

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 as per the prosecution story the deceased had married with the son of the present applicant after establishing cordial relation by both inasmuch as that marriage was a love marriage, deceased was living with her husband separately, the present applicant was also living with his son, even if the prosecution story is taken on its face value, it is a dispute between the husband and wife, there is no overt or positive act of the present applicant to instigate or abet the victim to commit suicide, the essential ingredients of section 108 BNS are missing, since it was a love marriage so no question of demand of dowry arises, present applicant has no prior criminal history of any kind whatsoever, charge-sheet has been filed in this case and the undertaking of the applicant that he shall abide by all terms and conditions of bail, I find it a fit case for bail.

8. Bail application is allowed.

9. Let the applicant Siyaram, 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. (v) The applicant shall not leave the country (India) without prior permission of the Court. . Order Date :- 28.7.2025 Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench