Vikas Sikarwar Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

Vikas Sikarwar Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of applicant Vikas Sikarwar on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to verification of sureties before the release order and to conditions of non-tampering with evidence, non-intimidation of prosecution witnesses, and appearance before the trial court on fixed dates; breach to be a ground for cancellation.

Issue for consideration

Whether the applicant, implicated in Case Crime No. 22 of 2025 (PS Sikandra, District Agra) under Sections 80(2), 85 of BNS and Section 3/4 of D.P. Act in connection with the alleged dowry-cruelty death of his wife, should be released on bail during the pendency of trial.

Ratio / Principle

Taking into consideration the delay in institution of the FIR, the fact that the informant and other family members were present at the time of the inquest proceedings, and the statement of Dhanveer, the Court concluded that the applicant had made out a case for bail.

Key takeaways

The bail application was allowed and the applicant was ordered released on bail upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the sureties to be verified before issuance of the release order.ratio¶12
Bail was granted subject to conditions: the applicant shall not tamper with evidence during trial, shall not pressurise or intimidate prosecution witnesses, and shall appear before the trial court on the date fixed.ratio¶18

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Krishan Pahal, J.; Court No. 65) — Criminal Misc. Bail Application No. 28058 of 2025 — ALLOWED (Order dt. 22.8.2025; Neutral Citation 2025:AHC:144693). Applicant Vikas Sikarwar sought bail in Case Crime No. 22 of 2025, PS Sikandra, District Agra, under Sections 80(2), 85 of BNS and Section 3/4 of D.P. Act, having been accused, along with family members, of cruelty for dowry demand of Rs.five lacs said to have led his wife (married 26.06.2023 per Hindu rites) to death on 09.01.2025; cause of death stated to be asphyxia as a result of ante mortem hanging. Bail granted on the strength of: FIR delayed by more than one day without explanation; informant and family members being present when the inquest was prepared the same day (09.01.2025), suggesting institution of FIR as an afterthought after legal consultation; and the statement of neighbour Dhanveer that he forced open the locked room, brought down the deceased suspended from the ceiling and rushed her to hospital where she was declared brought dead, indicating the applicant's absence at retrieval; dowry-demand allegations being general against all accused; no criminal history; incarceration since 13.01.2025. Released on personal bond and two sureties each in the like amount (sureties to be verified pre-release), subject to conditions: no tampering with evidence; no pressurising/intimidating prosecution witnesses; appearance before trial court on fixed dates — breach of which shall be ground for cancellation; observations in the bail grant not to affect the trial judge's independent opinion.

Neutral Citation No. - 2025:AHC:144693

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28058 of 2025 Applicant :- Vikas Sikarwar Opposite Party :- State of U.P. Counsel for Applicant :- Upadhyay Karan Dinanath,Vishesh Rajvanshi Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

1. List has been revised.

Heard Sri Vishesh Rajvanshi, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record.

Applicant seeks bail in Case Crime No. 22 of 2025, under Sections 80(2), 85 of BNS and Section 3/4 of D.P. Act, Police Station Sikandra, District Agra, during the pendency of trial.

As per prosecution story, marriage of the applicant was solemnized with the deceased person as per Hindu rites on 26.06.2023. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of Rs.five lacs as dowry and thereby led her to death on 09.01.2025.

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by more than one day and there is no explanation of the said delay caused.

Learned counsel has next stated that there are statements of several neighbours including one Dhanveer, who has stated that mother of the applicant was crying outside the room and he forced open the door of the room and found the deceased suspended to the ceiling and he brought her down from the ceiling and rushed to the hospital where she was declared brought dead.

Learned counsel has further stated that even the said statement indicates that the applicant was not present at the time of retrieval of the dead body. There are general allegations against all the accused persons regarding demand of dowry. The cause of death has been found to be asphyxia as a result of ante mortem hanging.

Learned counsel has next argued that the inquest report of the

deceased person was prepared on 09.01.2025 itself and the informant and other family members were present at that time which indicates that the FIR has been instituted as an afterthought after legal consultation.

There is no criminal history of the applicant. The applicant is languishing in jail since 13.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Learned A.G.A. has vehemently opposed the bail application.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the delay in institution of the FIR coupled by the fact that the informant and other family members were present at the time of inquest proceedings and also taking into account the statement of one Dhanveer, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

Let the applicant- Vikas Sikarwar , who is involved in aforementioned 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

iii) The applicant shall appear before the trial court on the date fixed.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

Order Date :- 22.8.2025/Sumit S

(Justice Krishan Pahal)

Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad