Raj Kumar Vs State of U.P. Thru. Prin. Secy. Home Deptt… — Dowry and Cruelty | Allahabad HC (2025)

Raj Kumar Vs State of U.P. Thru. Prin. Secy. Home Deptt… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of applicant Raj Kumar on bail upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to: (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court.

Issue for consideration

Whether the applicant accused in Case Crime No. 0198 of 2024 under Sections 498-A, 304-B IPC and 3/4 D.P. Act (Police Station Kothi, District Barabanki) should be released on bail. +1 more

Court's answer

This bail application stands allowed.

Ratio / Principle

Considering that at the inquest on the date of the incident the informant himself stated the deceased committed suicide, that the post mortem examination report mentions a solitary ligature-mark injury with cause of death opined as asphyxia due to ante mortem hanging, that the FIR was lodged after 15 days of the incident, coupled with the applicant having no criminal history, being in jail since 02.06.2024 and the investigation standing concluded, the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

Key takeaways

The applicant Raj Kumar is to be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to the conditions that he shall not tamper with the prosecution evidence, shall not pressurize the prosecution witnesses, and shall appear on each and every date fixed by the trial court.ratio¶18

Detailed headnote1 paragraphs

Criminal Misc. Bail Application No. 12403 of 2024 (Case Crime No. 0198 of 2024, Sections 498-A, 304-B IPC & 3/4 D.P. Act, Police Station Kothi, District Barabanki) — Raj Kumar v. State of U.P., High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Subhash Vidyarthi, J.), decided 19.3.2025 — Allowed. The applicant, arraigned on an FIR lodged on 01.06.2024 — about 15 days after the incident of 15.05.2024 in which the informant's sister married to him about five years ago was found hanged amid alleged dowry harassment — was enlarged on bail because: during the inquest on the very date of the incident the informant himself stated the deceased committed suicide, and the inquest witnesses stated she committed suicide by hanging herself with a dupatta; the post mortem of 15.05.2024 recorded a solitary oblique ligature mark (interrupted by 2.5 cm.) with cause of death opined as asphyxia due to ante mortem hanging; the applicant has no criminal history; he is languishing in jail since 02.06.2024; and the investigation already stands concluded. Release ordered on a personal bond and two sureties each in the like amount, subject to conditions that the applicant shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each and every date fixed by the trial court.

Neutral Citation No. - 2025:AHC-LKO:15939

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12403 of 2024

Applicant :- Raj Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Counsel for Applicant :- Vineet Kumar Bajpai,Shailendra Kumar Tiwari

Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Shailendra Kumar Tiwari, learned counsel for the applicant and Sri Punit Kumar Yadav, the learned State Counsel.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0198 of 2024, under Sections 498-A, 304-B IPC & 3/4 D.P. Act, Police Station Kothi, District Barabanki.

The aforesaid case has been registered on the basis of F.I.R. lodged on 01.06.2024 against the applicant, his elder brother, elder brother's wife and elder brother's son stating that the informant had got his sister married to the applicant about five years ago. All the accused persons used to harass her for demanding dowry and on 15.05.2024 the informant came to know through other relatives that his sister had hanged herself. He apprehended that the accused persons killed her and thereafter hanged her to give it a semblance of suicide. The informant has given information of the incident to the police on 15.05.2024 itself but his FIR has not been lodged.

A copy of the inquest report prepared on 15.05.2024 is annexed with the affidavit filed in support of the bail

application which discloses that information of the incident was given at the police station at 01:00 p.m. on 15.05.2024. The informant was one of the persons who had witnessed the inquest proceedings and all the witnesses had stated that the deceased had committed suicide by hanging herself with a dupatta. The post mortem of the dead body was conducted on 15.05.2024 itself and the only injury reported in the post mortem report is an oblique ligature mark around neck which was interrupted by 2.5 cm. and cause of death has been opined to be asphyxia due to ante mortem hanging.

In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

The State has filed a counter affidavit annexing therewith the material collected during investigation and a copy of the charge sheet dated 09.06.2024.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident occurred on 15.05.2024 and on the date of the incident during inquest proceeding, the informant himself has stated that the deceased has committed suicide; that the post mortem examination report mentions a solitary injury to be a ligature mark and cause of death has been opined to be asphyxia due to ante mortem hanging and the FIR has been lodged after 15 days of the incident, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 02.06.2024 and the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant -Raj Kumar be released on bail in the

aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court.

[Subhash Vidyarthi, J.]

Order Date :- 19.3.2025 Pradeep/-

Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench