Disposed

Ram Sahaj and Another v. State Pf U.P. Thru. Addl. Chief Secy. Deptt. of Home and Another

Allahabad HC8 Dec 2025NABAIL/1602/2025

Case brief

AI extract

What is this about?

Anticipatory bail application by parents-in-law accused in a dowry-related hanging death case. Court noted general allegations, no criminal history, and reliance on Supreme Court precedent to grant protection under Section 438 CrPC upon surrender within 20 days with bonds and sureties.

What did the court decide?

Protection under Section 438 CrPC: applicants to surrender within 20 days and be released on anticipatory bail on personal bond and two sureties, subject to cooperation in trial and non-influence of w

Ram Sahaj and Another vs State Pf U.P. Thru. Addl. Chief… — Dowry and Cruelty | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1602 of 2025

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Ram Sahaj And Another

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.....Applicant(s)

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Versus

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State Pf U.P. Thru. Addl. Chief Secy. Deptt. And Another	Of Home .....Opposite Party(s)
Counsel for Applicant(s) :	Ashutosh Misra, Rinki Devi
Counsel for Opposite Party(s) :	G.A.
Court No.- 16

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HON'BLE BRIJ RAJ SINGH, J.

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1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.154 of 2025, under sections – 85, 80 (2) of BNSS and 3 / 4 of Dowry Prohibition Act, 1961 (Old provision 498 A & 304 B IPC and 3 & 4 Dowry Prohibition Act, 1961), P.S. – Katra Bazar, District - Gonda.

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2.Heard learned counsel for the applicants, and learned Additional Government Advocate for the State.

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It has been submitted by the learned counsel for the applicants that general allegations of dowry demands have been levelled against the applicants who are father in law and mother in law of the deceased.

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It has been submitted that they are living separately and parivar register has been filed which indicates their house no.97 and name of only applicants is mentioned in the parivar register.

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It has been submitted that the postmortem report indicates that there is no internal or external injury found on the body of the deceased except ligature mark which was caused due to hanging. Cause of death is also attributed by the Doctor, i.e. hanging. He has further submitted that though the 'jeth' and brother in law were also implicated in the case but the police did not file charge sheet against them and they were exonerated.

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Learned Addl. Government Advocate and complainant's counsel opposed the prayer made by applicant's counsel.

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Issue notice to the opposite party no.2 returnable at an early date.

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NABAIL No. 1602 of 2025

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8. List after expiry of four weeks.

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In the meantime, learned A.G.A. shall file objections/counter affidavit.

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Considering the above aspects of the matter, the fact that the applicants have no criminal history, the undertaking given on behalf of the applicants that they will co-operate in the trial and also that general nature of allegations have been levelled, perusal of the record and also the judgment of the Hon'ble Supreme Court in Musheer Alam versus The State of U.P. and Another 2025 SCC OnLine SC 116 and Bharat Chaudhary and Another vs. State of Bihar and Others reported in (2003) 8 SCC 77 without entering into the merit of the case, it would be appropriate to grant protection to the applicant under Section 438 CrPC.

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In view of the above, it is provided that the applicants shall surrender before the concerned court within 20 days from today. On such surrender the applicants shall be released on anticipatory bail on their furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court.

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The applicants shall cooperate in the trial and they will not influence the witnesses. Any other condition which the trial court may deem fit and proper may also be imposed. In case of default, it would be open for the trial court to proceed in accordance with law.

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November 3, 2025 mks

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(Brij Raj Singh,J.)

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Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench

Ram Sahaj and Another v. State Pf U.P. Thru. Addl. Chief Secy. Deptt. of Home and Another

Case brief

What is this about?

What did the court decide?

Ram Sahaj and Another v. State Pf U.P. Thru. Addl. Chief Secy. Deptt. of Home and Another

Case brief

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What did the court decide?

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