Manish vs State of U.P.

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12995 of 2026

Manish

.....Applicant(s)

Versus

State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Ram Pravesh Yadav
Counsel for Opposite Party(s)	: G.A.
Court No.- 66

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HON'BLE SAMEER JAIN, J.

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Heard Sri Ram Pravesh Yadav, learned counsel for the applicant and Sri Kunwar Tejadra Bahadur, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 497 of 2025, under Sections 80(2), 85, 115(2) BNS and Section 3/4 D.P. Act, Police Station Karhal, District Mainpuri during pendency of the trial.

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Learned counsel for the applicant submits, however, applicant is husband of the deceased but on the basis of false allegation he has been made accused in the present matter. He further submits, as per post mortem deceased died due to hanging and even her dead body was recovered after broken the door, therefore, prima facie it appear to be a case of suicidal death but in spite of that applicant has been made accused in the present matter for offence punishable under Section 80(2) BNS though prima facie it appears to be a case of Section 108 BNS.

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He further submits, actually deceased was short tampered lady and only due to this reason she committed suicide by hanging and after her death only being her husband applicant has also been made accused in the present matter along with others on the basis of false allegation of demand of golden chain and Rs.1 lakh.

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He further submits, applicant is not having any criminal history and in the present matter he is in jail since 15.12.2025.

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Per contra, learned AGA opposed the prayer for bail and submit, applicant

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BAIL No. 12995 of 2026

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2

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is husband of the deceased and his wife died within two and half years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of torture for demand of golden chain and Rs. 1 lakh.

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Learned AGA further submits, however deceased died due to hanging but even suicidal death is an abnormal death and applicant could not properly explain the abnormal death of his wife. Learned AGA further submits, the reason of suicide though disclosed by the applicant is paragraph-16 of the affidavit but averment made in this paragraph appears to be vague and merely on this averment it cannot be said that applicant has explained the abnormal death of his wife.

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Learned AGA further submits, even in the present matter applicant is in jail only since 15.12.2025, therefore, considering the over all facts of the case, applicant should not be released on bail and instant bail application should be dismissed.

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I have heard learned counsel for the parties and perused the record of the case.

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Applicant is husband of the deceased and his wife died within two and half years of her marriage in her matrimonial home under abnormal circumstances and there is also allegation of torture for demand of Rs. 1 lakh and golden chain.

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Further, however, post mortem report suggests that deceased died due to hanging, therefore, possibility of suicide committed by her at this stage cannot be ruled out but in considered view of this Court even suicidal death is an abnormal death which also attracts the provisions of Section 80(2) BNS i.e. dowry death and being husband it was the duty of the applicant to explain the abnormal death of his wife who died in his home within two and half years of her marriage but applicant failed to discharge his responsibilities and averment made in this regard prima facie appears to be vague and general in nature.

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Further, however, learned counsel for applicant vehemently submitted that as deceased committed suicide, therefore, provisions of Section 108 BNS are applicable in the present matter but the argument advanced by learned counsel for applicant is misconceived.

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The law is settled that if wife died under abnormal circumstances even

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BAIL No. 12995 of 2026

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3

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due to hanging within seven years of her marriage and there is also allegation of torture with regard to demand of dowry then provisions of dowry death will be applicable.

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Further, even in the present matter applicant is in jail only for last four months and minimum punishment for offence under Section 80(2) BNS is seven years.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected at this stage.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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April 20, 2026 AK Pandey

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(Sameer Jain,J.)

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Manish v. State of U.P.

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Manish v. State of U.P.

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