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

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

What the court decided

AI extract

Outcome

Release of applicant Saurabh Gupta on bail in Case Crime No. 331 of 2024 upon 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 unless exempted.

Issue for consideration

Whether the applicant Saurabh Gupta, booked in Case Crime No. 331 of 2024 under Sections 115, 80, 85 B.N.S. and Section 3/4 of Dowry Prohibition Act arising from the death of his wife within about a year of the marriage, should be released on bail. +1 more

Court's answer

The bail application is allowed: the applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount, subject to conditions of not tampering with prosecution evidence, not pressurising prosecution witnesses, and appearing on each and every date fixed by the trial court unless exempted.

Ratio / Principle

Considering the applicant's lack of previous criminal history, his incarceration since 09.09.2024, the concluded investigation, and the fact that the co-accused has already been enlarged on bail by this court, the facts are sufficient to make out a case for enlargement of the applicant on bail on the ground of parity.

Detailed headnote1 paragraphs

BAIL (GRANTED) — High Court of Judicature at Allahabad, Lucknow Bench (Court No. 15), Criminal Misc. Bail Application No. 80 of 2025, decided 30.4.2025 by Subhash Vidyarthi, J. (Neutral Citation 2025:AHC-LKO:24876). Applicant Saurabh Gupta sought bail in Case Crime No. 331 of 2024, P.S. Shahbad, Distt. Hardoi, under Sections 115, 80, 85 B.N.S. and Section 3/4 of Dowry Prohibition Act, registered on an F.I.R. of 09.07.2024 against seven persons, alleging dowry-demand harassment of the informant's sister married to the applicant on 29.06.2023, whose death was intimated at 16.00 Hrs. on 05.07.2024. Postmortem disclosed no mark of injury or sign of use of force; viscera examination disclosed Chlorpyrifos insecticide. The charge sheet dated 25.10.2024 was laid only against the applicant and his mother Smt. Sushila, the rest being exonerated; co-accused Sushila had already been enlarged on bail by order dated 13.12.2024 in Criminal Misc. Bail Application No.12902 of 2024. With no criminal history, in jail since 09.09.2024 and investigation concluded, bail was allowed on the ground of parity, on a personal bond and two sureties, subject to conditions barring tampering with evidence, pressurizing witnesses, and requiring attendance on every trial date unless exempted.

Neutral Citation No. - 2025:AHC-LKO:24876

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 80 of 2025

Applicant :- Saurabh Gupta Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Vineet Kumar Mishra Counsel for Opposite Party :- G.A.,Ajeet Kumar Singh,Narayan Datt Tiwari,Smt. Usha Tiwari

Hon'ble Subhash Vidyarthi,J.

Heard Sri Vineet Kumar Mishra, learned counsel for the applicant, Ms. Shikha Sinha, learned Additional Government Advocate for the State, Sri Ajeet Kumar Singh, the learned counsel for the informant and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 331 of 2024, under Sections 115, 80, 85 B.N.S. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Shahbad, District Hardoi.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.07.2024 against seven persons, including the applicant, his family members and relatives stating that the informant had got his sister married to the applicant on 29.06.2023; all the accused persons used to harass her for demanding dowry and they gave an information of her death at 16.00 Hrs. on 05.07.2024.

The postmortem examination report mention no mark of injury or sign of use of force on the body of deceased and the viscera examination report discloses presence of Chlorpyrifos Insecticide.

In the affidavit filed in support of 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. It has also been submitted on behalf of the applicant that the coaccused Sushila has already been granted bail by this court by means of an order dated 13.12.2024, passed by a coordinate Bench of this court in Criminal Misc. Bail Application No.12902 of 2024.

The State has filed a counter affidavit annexing therewith copies of materials collected during investigation and the copy of charge sheet dated 25.10.2024, which has been submitted against the applicant and his mother Smt. Sushila only. Rest of the accused persons have been exonerated.

The learned A.G.A. appearing on behalf of the State and the learned counsel for the informant have opposed the prayer for bail and they have submitted that the victim died within one year of her marriage in the house of the applicant and therefore the applicant is not entitled to be released on bail. However, they could not dispute the fact that the allegations levelled in the F.I.R. and the statements against the applicant are similar to the allegations levelled against the co-accused Sushila, who has already been enlarged on bail by this court.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no previous criminal history and he is languishing in jail since 09.09.2024 and the investigation already stands concluded and the co-accused has already been enlarged on bail by this court and without making any observation, which may affect the merits of the case, 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 on the ground of parity.

Accordingly, this bail application stands allowed .

Let the applicant- Saurabh Gupta be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court.

(Subhash Vidyarthi, J.)

Order Date :- 30.4.2025 Ram.

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