Sitaram Paswan @ Ajay Vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2025)

Sitaram Paswan @ Ajay Vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicant Sitaram Paswan @ Ajay to be released on bail in FIR/Case Crime No.49 of 2025 on furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each to the satisfaction of the court concerned, subject to conditions: (a) execute a bond undertaking to attend hearings; (b) not commit any similar offence; (c) not directly or indirectly induce, threaten or promise any person acquainted with the facts so as to dissuade disclosure to the Court or police, or tamper with evidence.

Issue for consideration

Whether the accused-applicant (husband), arraigned in FIR/Case Crime No.49 of 2025 under sections 85, 80(2) BNS and section 3/4 DP Act for the alleged dowry death of his wife, is entitled to bail.

Court's answer

Considering the post-mortem report and the absence of any specific allegation against the applicant of having caused mental or physical harassment to the deceased soon before her death in relation to a demand of dowry, the applicant is entitled to bail.

Ratio / Principle

The applicant, who is in custody since 19.02.2025 and has no criminal history, is entitled to bail; the bail application is allowed, with release directed on a personal bond and two reliable sureties of Rs.20,000/- each, subject to enumerated conditions.

Detailed headnote1 paragraphs

Bail allowed - Dowry death - FIR/Case Crime No.49 of 2025 under sections 85, 80(2) BNS and section 3/4 DP Act, P.S. Kotwali Dehat, District Gonda - Deceased, daughter of the informant and wife of the applicant, died of ante-mortem hanging per post-mortem; FIR alleged the matrimonial family killed her over non-payment of dowry despite sufficient dowry at marriage - Court found no specific allegation that the applicant caused mental or physical harassment to the deceased soon before her death in relation to a demand of dowry - Applicant in custody since 19.02.2025 with no criminal history - Held entitled to bail; released on personal bond and two sureties of Rs.20,000/- each with conditions against similar offences, inducement and tampering (Allahabad HC, Lucknow Bench, Court No. 12; Pankaj Bhatia, J.; decided October 15, 2025).

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 8375 of 2025

Sitaram Paswan @ Ajay

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko.

.....Opposite Party(s)

Counsel for Applicant(s) : Santosh Kumar Tripathi Counsel for Opposite Party(s) : G.A.

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

Heard learned counsel for the applicant, learned AGA and perused the record.

The accused-applicant seeks bail in FIR/Case Crime No.49 of 2025 under sections 85, 80(2) BNS and section 3/4 DP Act, P.S. Kotwali Dehat, District Gonda.

In terms of the FIR, it was alleged that the daughter of the informant was married to the applicant and sufficient dowry was also given, however on account of non-payment of dowry, the entire matrimonial family had killed her. The cause of death, as per the postmortem report, is ante-mortem hanging. The applicant is the husband.

Considering the post-mortem report and there being no specific allegation against the applicant of having caused the mental or physical harassment to the deceased soon before her death in relation to demand of dowry, the applicant who is in custody since 19.02.2025 and has no criminal history is entitled for the bail. Thus the bail application is allowed.

Let the applicant Sitaram Paswan @ Ajay be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions:

BAIL No. 8375 of 2025

2

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Pankaj Bhatia,J.)

October 15, 2025

VNP/-

Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench