Regular bail application by the father-in-law of a woman who died of asphyxia due to antemortem hanging, in a dowry death case. Court noted the husband was jailed and a co-accused mother-in-law had been granted bail; finding no material suggesting tampering with evidence, it allowed bail with conditions.
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Neutral Citation No. - 2025:AHC:70527
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10222 of 2025
Applicant :- Soran Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
(i) The applicant has been falsely implicated in the present case.
(ii) The applicant is the father-in-law of the deceased Arti.
(iii) The marriage of the deceased Arti was solemnized with Pramod, the son of the applicant three years ago.
(iv) General and omnibus allegations have been levelled against the applicant.
(v) As per postmortem examination report, the deceased was found to have received single ligature mark on her body and the cause of death is asphyxia as a result of ante-mortem hanging.
(vi) The husband of the deceased is in jail.
(vii) The applicant has no criminal history as stated in para 27 and is in jail since 19.2.2025.
(viii) Co-accused Nikasa alias Reshama has been granted bail by
this Court vide order dated 17.4.2025 passed in Crl. Misc. Bail Application No.10069 of 2025 (Nikasa alias Reshama Vs. State of U.P.), copy of the order produced by learned counsel for the applicant is taken on record.
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that she/he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure her/him presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her/him, in
accordance with law, under section 209 BNS, 2023.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 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 her/him in accordance with law and the trial court may proceed against her/him under Section 269 BNS, 2023.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
(Samit Gopal, J.)
Order Date :- 2.5.2025 Gaurav Kuls
Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the father-in-law of the deceased, facing trial for dowry death and related offences where the husband is already in jail, should be enlarged on bail during trial.
4 provisions across 3 enactments
Soran
State of U.P.
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
