Allahabad High Court
SONUversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to bail.
Summary
The applicant Sonu, husband of a woman who died by suicide, was charged under Section 85, Section 80(2) of the B.N.S. and the Dowry Prohibition Act. While the deceased's parents initially supported the prosecution, they later turned hostile, stating that Sonu never demanded dowry and that the deceased's temperament and health issues led to her death. No material evidence against Sonu was found, and a charge sheet had already been filed. The High Court, considering the nature of the offence, lack of incriminating evidence, the applicant's clean record, overcrowded jails, and recent Supreme Court and High Court guidelines on bail, granted bail without commenting on the merits. Sonu was released on personal bond with two sureties and specific conditions, with provisions for verification and prompt release.
Issues considered
- Whether bail should be granted to the accused in a dowry‑related offence where the prosecution evidence is weak and the accused has no prior criminal record.
Legislation cited
- B.N.S. — s. 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry prohibition
- suicide
- criminal procedure
- overcrowded prisons
- Section 85
- Section 80(2)
- judicial guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 10194 of 2026
Sonu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Gauri Shanker Mishra, Lokendra Singh,
Tarun Jha
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Tarun Jha, learned counsel for the applicant, Sri Roshan Kumar
Singh, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the
applicant on bail during the trial in Case Crime No. 660 of 2025, Under
Section 85, 80(2) B.N.S. and 3/4 Dowry Prohibition Act, Police Station
Kotwali Orai, District-Jalaun.
3. Contention of learned counsel for the applicant is that the applicant is
husband of the deceased, who committed suicide by hanging. During
investigation father and mother of the deceased supported the prosecution
story regarding harassment of deceased for non-fulfillment of demand of
dowry. However, during trial father and mother of the deceased, who were
examined as PW 1 and PW 2 did not support the prosecution and they were
declared hostile. It is further submitted that in their statements, father and
mother of the deceased clearly stated that the applicant never made any
demand of dowry and deceased was short tempered and was suffering from
various ailment and because of that reason, she committed suicide. It is
further submitted that as on date there is no material against the applicant. It
is lastly submitted that charge sheet has been filed by the police, therefore,
there is no requirement for custodial interrogation. The applicant has no
criminal history and he is languishing in jail since 14.11.2025. In case, he is
granted bail, he will not misuse the liberty of bail and would cooperate in the
trial proceedings.
4. On the other hand, learned A.G.A. for the State opposed the prayer for
BAIL No. 10194 of 2026
2
bail but could not dispute the aforesaid fact.
5. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties and keeping in view the nature of offence,
evidence, complicity of accused and taking into account overcrowded jails
and heavy pendency of criminal cases before the trial courts as well as
considering the mandate of the judgement of the Apex Court in the case of
Kapil Wadhawan vs Central Bureau of Investigation reported in 2025
SCC Online SC 3038 as well as guideline of this Court in the case of Maya
Tiwari vs State of U.P. reported in 2024 SCC Online All 6765 regarding
grant of bail and without expressing any opinion on the merits of the case, I
am of the opinion that the applicant is entitled to be enlarged on bail.
Accordingly, the present application is allowed.
6. Let the applicant- Sonu involved in the aforementioned crime be released
on bail, on his furnishing a personal bond and two sureties each in the like
amount, to the satisfaction of the court concerned, with the following
conditions:-
i. 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.
ii. The applicant shall cooperate in the trial/investigation sincerely without
seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or commission of
any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the bond
executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
9. Verification of mobile number as well as Aadhaar Card of the applicant
and sureties should also be conducted by the court concerned.
BAIL No. 10194 of 2026
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10. It is made clear that the applicant shall be released on the basis of
downloaded copy of this order from the official website of High Court
Allahabad and verified by the concerned counsel with the undertaking that
the certified copy will be filed within 15 days.
11. It is directed that the trial court shall send the release order to the
concerned jail through Bail Order Management System (BOMS) to ensure
early release of the applicant.
12. Office is directed to send a copy of this order to the applicant through
Jalaun at Orai Jail Superintendent via e-mail or e-prison portal and Trial
Court via e-mode within 24 hours in compliance of the orders of the Apex
Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu
Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in
(2024) 10 SCC 685 as well as in the case of Pila Pahan @ Peela Pahan
and others vs State of Jharkhand and another, in Writ Petition
(Criminal) No.169 of 2025 decided on 29.05.2026.
13. Application, if any, stands disposed of.
September 18, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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