Allowed

Dudhnath v. State of U.P.

Allahabad HC10 Nov 2025BAIL/39177/2025

Case brief

AI extract

What is this about?

Father-in-law of a deceased woman sought bail in a dowry death case; co-accused nand and mother-in-law already granted bail. Court noted charge sheet filed, applicant aged about 60 years with no criminal history, and enlarged him on bail with conditions.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties, subject to conditions including non-tampering with evidence and attendance at trial.

Dudhnath vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 39177 of 2025

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Dudhnath

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.....Applicant(s)

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Versus
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s) :	Shailendra Kumar	Yadav
Counsel for Opposite Party(s) :	G.A.

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Court No. - 66

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HON'BLE SAMIT GOPAL, J.

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List revised.

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Heard Sri Shailendra Kumar Yadav, learned counsel for the applicant, Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record.

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This bail application under Section 483 BNSS has been filed by the applicant Dudhnath, seeking enlargement on bail during trial in connection with Case Crime No. 106 of 2025, under Sections 85, 80(2) BNS, 2023 and Section 3/4 D.P. Act, registered at P.S. Sarpataha, District Jaunpur.

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Learned counsel for the State submits that he has received instructions for which time was granted to him vide order dated 10.11.2025.

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Learned counsel for the applicant argued as follows:

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(i) The applicant has been falsely implicated in the present case.

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(ii) The applicant is the father-in-law of the deceased Vijay Laxmi, para 13 of the affidavit has been placed before the Court.

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(iii) The marriage of the deceased Vijay Laxmi was solemnized with Kishan Kumar son of the applicant on 11.06.2024.

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(iv) General and omnibus allegations have been levelled against the

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BAIL No. 39177 of 2025

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applicant. The FIR is vague inasmuch as there is no disclosure as to what was the actual demand of dowry.

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(v) Postmortem examination report shows the cause of death of the deceased is asphyxia as a result of antemortem hanging.

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(vi) Kishan Kumar the husband of the deceased is in jail. Co-accused Neha the married nand of the deceased has been granted bail by this Court vide order dated 08.10.2025 passed in Crl. Misc. Bail Application No. 30020 of 2025 (Neha Vs. State of U.P.), copy of the order is annexed as annexure 7 to the affidavit. Further co-accused Sandhya the mother-inlaw of the deceased has also been granted bail by this Court vide order dated 11.11.2025 passed in Crl. Misc. Bail Application No. 39282 of 2025 (Sandhya Vs. State of U.P.), copy of the order has been produced before the Court which is taken on record.

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(vii) The applicant has no criminal history as stated in para 18 of the affidavit and is in jail since 10.05.2025.

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(viii) Charge sheet in the matter has been submitted against four persons including the applicant on 19.06.2025, para 11 of the affidavit has been placed before the Court.

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(ix) The applicant is aged about 60 years, para 16 of the affidavit has been placed before the Court.

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Per contra, learned counsel for the State opposed the prayer for bail but could not dispute the fact that co-accused Neha the married nand and Sandhya the mother-in-law of the deceased have been granted bail.

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After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the father-in-law of the deceased. The cause of death of the deceased is asphyxia as a result of antemortem hanging. Kishan Kumar the husband of the deceased is in jail. Charge sheet has been submitted against the applicant and other co-accused. Coaccused Neha the married nand and Sandhya the mother-in-law of the deceased have been granted bail. The applicant is aged about 60 years.

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Looking to the facts and circumstances of this case, the nature of

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BAIL No. 39177 of 2025

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evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant Dudhnath , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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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.

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(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.

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(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.

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(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.

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BAIL No. 39177 of 2025

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed .

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Pending application(s), if any, shall stand disposed of.

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(Samit Gopal,J.)

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December 1, 2025 M. ARIF

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Dudhnath v. State of U.P.

Case brief

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Dudhnath v. State of U.P.

Case brief

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