State Of U.P. Thru. Addl. Chief Secy. Home Lko. vs Party(s)

1. Vakalatnama filed by Sri Rama Kant Jayswal on behalf of complainant is taken on record.

2. Heard learned counsel for the applicant, Sri Rao Narendra Singh-A.G.A.- I, learned counsel for the State-respondent as well as Sri Rama Kant Jayswal, learned counsel for the complainant.

3. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.38 of 2025, under Sections 80(2), 85 of BNS and Sections 3/4 of D.P. Act, P.S. Sairpur, District Lucknow.

4. In the prosecution case it is alleged that informant married his daughter Upasna Singh (deceased) on 18.02.2025 with Abhay Pratap Singh. He gave Rs.5,00,000/- cash at Tilak and silver ornaments, utensils etc. worth Rs.1,50,000/-. On 18.02.2025 in the marriage he further gave goods such as furniture, gold, silver in form of dowry worth Rs.3-5 lacks however, the named accused persons were not happy with the dowry given by him and subjecting the deceased to cruelty due to demand of additional dowry. It is further alleged that on 04.04.2025 deceased came to the informant's home with her husband and brother-in-law and was crying about the cruelty meted out by her however, she was consoled and sent back to her matrimonial home. On 07.04.2025 informant went to her matrimonial home at 12:30 hours where the accused persons were present who humiliated the informant of not giving dowry and abused his daughter in front of him however, the informant came back at 02:00 pm. At 03:30 pm again the deceased told her sister Soni on phone that soon after the informant has left her in-laws house 2 BAIL No. 8817 of 2025 she is being subjected to cruelty. At 05:30 pm unknown person informed the informant that his daughter died.

5. Learned counsel for the applicant submits that applicant is father-in-law. It is a case of false implication. He submits that there are general allegations which are concocted. He submits that statement of Dr. Dharamraj Rawat shows that he examined the deceased while she was alive and was advised the son of the applicant to take her to the hospital. She has also invited the attention of the court towards the photograph of the deceased while she was admitted in the hospital and lying on the stretcher on 07.04.2025. Later on, on 08.04.2025 at about 03:00 pm family member of the deceased had received photographs where some injuries have been shown which were not present on 07.04.2025. He has disputed the injuries sustained by the deceased on the basis of such photographs. He submits that independent witnesses have verified the fact that applicant was not present at home when the deceased committed suicide. He submits that applicant's wife was suffering from cancer and he was busy in his treatment as he has been sent to Delhi on 09.04.2025 where she has died due to cancer on 28.04.2025. He submits that the applicant is in jail since 09.04.2025.

6. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer. It is submitted by learned A.G.A. that photographs relied on by the applicant will be tested during trial. He submits that cause of death is strangulation. There are nine ante mortem injuries, it is a brutal case of dowry death. There is no statement in the prosecution case that applicant is not involved in the incident and further no explanation has come forward from the applicant as to how the deceased sustained nine ante mortem injuries. It is lastly submitted that plea of alibi shall be seen at the trial.

7. Perused the record.

8. A perusal of the post mortem report shows that following ante mortem injuries have been sustained by the deceased:- "1. Contusion 08 cm x 07 cm, present on left side of the head, just left ear.

2. Contusion 03 cm x 12 cm, present on back of head, at occiput.

3. Contusion 05 cm x 04 cm, present on right side back of head, behind the right ear

4. Contusion 03 cm x 02 cm, present on left upper eyelid.

5. Contusion 04cm x 02 cm, present on left lower eyelid. 3 BAIL No. 8817 of 2025

6. Contusion 02 cm x 02 cm, present on back of right knee joint.

7. Contusion 02 cm x 02 cm, present on lateral aspect of right leg, 05 cm below the right knee joint.

8. Abraded contusion 04 cm x 02 cm, present on right side of the neck, 03 cm below & 05 cm lateral to the mid of chin.

9. Transverse ligature mark, 35cm x 03 cm, present all around the neck, continuous without any interruption, above the thyroid cartilage, ligature mark situated 03 cm below the chin & 10 cm above the suprasternal notch, ligature mark situated 06 cm below the right ear & 06 cm below the left ear. Base & Groove of Ligature Mark is Soft & Reddish. On Opening Ecchymosis Present Underneath All above the Mentioned Injuries. Soft Tissue And Muscles Of Trachea Are Ecchymosed. NOTE- Viscera Preserved & Handed Over To C.P. Concerned, Vide Viscera No.527/2025."

9. Perusal of the record shows that cause of death is ante mortem strangulation. The court has noticed that marriage of the deceased took place on 18.02.2025 and she died within two months of her marriage in a most unnatural circumstance with nine ante mortem injuries. As per the prosecution case and the statement of the prosecution witnesses so also F.I.R., it is evident that soon before her death deceased was repeatedly subjected to physical cruelty relating to demand of dowry by the applicant and the co-accused however, no explanation has been given by the accused thus, this Court does not find it a fit case for grant of bail hence, the bail application is rejected. September 15, 2025 Saurabh Yadav/- (Karunesh Singh Pawar,J.) SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

1. Vakalatnama filed by Sri Rama Kant Jayswal on behalf of complainant is taken on record.

2. Heard learned counsel for the applicant, Sri Rao Narendra Singh-A.G.A.- I, learned counsel for the State-respondent as well as Sri Rama Kant Jayswal, learned counsel for the complainant.

3. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.38 of 2025, under Sections 80(2), 85 of BNS and Sections 3/4 of D.P. Act, P.S. Sairpur, District Lucknow.

4. In the prosecution case it is alleged that informant married his daughter Upasna Singh (deceased) on 18.02.2025 with Abhay Pratap Singh. He gave Rs.5,00,000/- cash at Tilak and silver ornaments, utensils etc. worth Rs.1,50,000/-. On 18.02.2025 in the marriage he further gave goods such as furniture, gold, silver in form of dowry worth Rs.3-5 lacks however, the named accused persons were not happy with the dowry given by him and subjecting the deceased to cruelty due to demand of additional dowry. It is further alleged that on 04.04.2025 deceased came to the informant's home with her husband and brother-in-law and was crying about the cruelty meted out by her however, she was consoled and sent back to her matrimonial home. On 07.04.2025 informant went to her matrimonial home at 12:30 hours where the accused persons were present who humiliated the informant of not giving dowry and abused his daughter in front of him however, the informant came back at 02:00 pm. At 03:30 pm again the deceased told her sister Soni on phone that soon after the informant has left her in-laws house 2 BAIL No. 8817 of 2025 she is being subjected to cruelty. At 05:30 pm unknown person informed the informant that his daughter died.

5. Learned counsel for the applicant submits that applicant is father-in-law. It is a case of false implication. He submits that there are general allegations which are concocted. He submits that statement of Dr. Dharamraj Rawat shows that he examined the deceased while she was alive and was advised the son of the applicant to take her to the hospital. She has also invited the attention of the court towards the photograph of the deceased while she was admitted in the hospital and lying on the stretcher on 07.04.2025. Later on, on 08.04.2025 at about 03:00 pm family member of the deceased had received photographs where some injuries have been shown which were not present on 07.04.2025. He has disputed the injuries sustained by the deceased on the basis of such photographs. He submits that independent witnesses have verified the fact that applicant was not present at home when the deceased committed suicide. He submits that applicant's wife was suffering from cancer and he was busy in his treatment as he has been sent to Delhi on 09.04.2025 where she has died due to cancer on 28.04.2025. He submits that the applicant is in jail since 09.04.2025.

6. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer. It is submitted by learned A.G.A. that photographs relied on by the applicant will be tested during trial. He submits that cause of death is strangulation. There are nine ante mortem injuries, it is a brutal case of dowry death. There is no statement in the prosecution case that applicant is not involved in the incident and further no explanation has come forward from the applicant as to how the deceased sustained nine ante mortem injuries. It is lastly submitted that plea of alibi shall be seen at the trial.

7. Perused the record.

8. A perusal of the post mortem report shows that following ante mortem injuries have been sustained by the deceased:- "1. Contusion 08 cm x 07 cm, present on left side of the head, just left ear.

2. Contusion 03 cm x 12 cm, present on back of head, at occiput.

3. Contusion 05 cm x 04 cm, present on right side back of head, behind the right ear

4. Contusion 03 cm x 02 cm, present on left upper eyelid.

5. Contusion 04cm x 02 cm, present on left lower eyelid. 3 BAIL No. 8817 of 2025

6. Contusion 02 cm x 02 cm, present on back of right knee joint.

7. Contusion 02 cm x 02 cm, present on lateral aspect of right leg, 05 cm below the right knee joint.

8. Abraded contusion 04 cm x 02 cm, present on right side of the neck, 03 cm below & 05 cm lateral to the mid of chin.

9. Transverse ligature mark, 35cm x 03 cm, present all around the neck, continuous without any interruption, above the thyroid cartilage, ligature mark situated 03 cm below the chin & 10 cm above the suprasternal notch, ligature mark situated 06 cm below the right ear & 06 cm below the left ear. Base & Groove of Ligature Mark is Soft & Reddish. On Opening Ecchymosis Present Underneath All above the Mentioned Injuries. Soft Tissue And Muscles Of Trachea Are Ecchymosed. NOTE- Viscera Preserved & Handed Over To C.P. Concerned, Vide Viscera No.527/2025."

9. Perusal of the record shows that cause of death is ante mortem strangulation. The court has noticed that marriage of the deceased took place on 18.02.2025 and she died within two months of her marriage in a most unnatural circumstance with nine ante mortem injuries. As per the prosecution case and the statement of the prosecution witnesses so also F.I.R., it is evident that soon before her death deceased was repeatedly subjected to physical cruelty relating to demand of dowry by the applicant and the co-accused however, no explanation has been given by the accused thus, this Court does not find it a fit case for grant of bail hence, the bail application is rejected. September 15, 2025 Saurabh Yadav/- (Karunesh Singh Pawar,J.) SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench