Ramroop Vs State of U.P. Thru. Prin. Secy. Home Lko. — Dowry and Cruelty | Allahabad HC (2025)

Ramroop Vs State of U.P. Thru. Prin. Secy. Home Lko. — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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

Issue for consideration

Whether the applicant, Ramroop, should be enlarged on bail in Case Crime No.491 of 2024 (Sections 80(2), 85 of B.N.S.; Section 3/4 of D.P. Act), Police Station Nanpara, District Bahraich.

Court's answer

Considering that the postmortem mentioned no injury except the ligature mark, the F.I.R. levelled similar allegations against all accused persons, two co-accused had already been granted bail, the applicant had no criminal history and was languishing in jail since 08.11.2024 while the investigation stood concluded, the facts were sufficient to make out a case for enlargement of the applicant on bail.

Ratio / Principle

The bail application was allowed; the applicant is to be released on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the conditions that he shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each and every date fixed by the trial Court.

Detailed headnote1 paragraphs

Grant of bail - Criminal Misc. Bail Application No.1414 of 2025 - applicant Ramroop v. State of U.P. - Case Crime No.491 of 2024, Sections 80(2) and 85 of B.N.S. read with Section 3/4 of D.P. Act, Police Station Nanpara, District Bahraich - F.I.R. dated 08.10.2024 against three accused including the applicant; informant's daughter, married to the applicant about a year earlier, died on 08.10.2024 after alleged dowry-demand harassment by all accused - postmortem: ligature mark around neck, death due to Asphyxia from antemortem hanging, no other injury - charge-sheet dated 19.11.2024, investigation concluded - co-accused Jahageer and Smt. Gangajali already granted bail by Co-ordinate Bench order dated 17.01.2025 in Criminal Misc. Bail Application No.13018 of 2024 - applicant innocent claim, no criminal history, in jail since 08.11.2024 - Court held the facts sufficient and allowed bail: release on personal bond with two sureties each in the like amount, conditioned on non-tampering with evidence, non-pressurizing of witnesses, and attendance on all trial dates. Hon'ble Subhash Vidyarthi, J., High Court of Judicature at Allahabad, Lucknow Bench; order dated 8.5.2025.

Neutral Citation No. - 2025:AHC-LKO:27168

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1414 of 2025

Applicant :- Ramroop Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sumit Chauhan Counsel for Opposite Party :- G.A.,Ashutosh Bajpai

Hon'ble Subhash Vidyarthi,J.

Heard Shri Sumit Chauhan, the learned counsel for the applicant, Shri Jayant Singh Tomar, the learned A.G.A.-I for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.491 of 2024 under Sections 80(2), 85 of B.N.S., Section 3/4 of D.P. Act registered at Police Station- Nanpara, District- Bahraich.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.10.2024 against 3 persons, including the applicant, stating that the informant had got his daughter married to the applicant one year ago; all the accused persons used to harass her for demanding dowry and she died on 08.10.2024.

The postmortem examination report mentions a ligature mark around the neck of the dead body and the cause of death has been opined to be Asphyxia due to antemortem hanging and no other injury has been found on the dead body.

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

Two other co-accused persons Jahageer and Smt. Gangajali have already been granted bail by means of an order dated 17.01.2025 passed by a Co-ordinate Bench of this Court in Crl. Misc. Bail Application No.13018 of 2024.

The State has filed a counter affidavit annexing therewith relevant extract of case diary, statements of the witnesses

recorded during investigation and a copy of charge-sheet submitted on 19.11.2024.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the postmortem examination report mentions no other injury except a ligature mark; that the F.I.R. mentions similar allegations against all the accused persons and two co-accused persons have already been granted bail and that the applicant has no criminal history and he is languishing in jail since 08.11..2024 whereas 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- Ramroop 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 :- 8.5.2025 -Amit K-

Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench