Allahabad High Court

SUNIL GUPTAversusSTATE OF U.P.

Decided: 6 May 2026
Bench: SAMEER JAIN

Holding

The bail application is allowed; the applicant is entitled to be released on bail.

Summary

The High Court considered a bail application filed by Sunil Gupta, accused in a dowry‑death case where his wife was found hanged. The applicant claimed the death was a suicide, citing a compromise agreement dated 11‑07‑2025 and a post‑mortem report showing no injuries other than the ligature mark. The State opposed bail but did not dispute the factual contentions. The Court noted that in dowry‑death cases where suicide appears prima facie, the husband’s explanation should not preclude bail, especially given his clean criminal record and six‑month pre‑trial detention. Relying on the principle that bail is the rule and jail the exception, the Court granted bail with conditions. The order was made without expressing any view on the merits of the underlying criminal charge.

Issues considered

Whether bail should be granted in a dowry‑death case where the death appears to be a suicide.
Whether the existence of a compromise agreement and lack of prior criminal history justify bail under the applicable statutes.
Whether the provisions of Sections 80(2) and 85 of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act permit bail in the present circumstances.

Legislation cited

B.N.S. — s. 80(2), 85
Dowry Prohibition Act — s. 3, 4

Subjects

bail
dowry death
suicide
compromise agreement
criminal history
Section 80(2) B.N.S.
Section 85 B.N.S.
Section 3 Dowry Prohibition Act
Section 4 Dowry Prohibition Act
preventive bail

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14154 of 2026

Sunil Gupta
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Amit Kumar, Gaurav Tiwari
Counsel for Opposite Party(s) : G.A.

Court No. - 66
HON'BLE SAMEER JAIN, J.

1. Heard Sri Gaurav Tiwari, learned counsel for the applicant, Sri Kunwar
Tejendra Bahadur Singh, learned AGA for the State.

2. The instant bail application has been filed seeking release of the
applicant on bail in Session Trial No. 82 of 2026 arising out Case Crime
No.0171 of 2025, under Sections 80(2), 85 B.N.S. and Section 3/4 D.P.
Act, Police Station Anpara, District Sonbhadra, during pendency of the
trial.

3. 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.

4. He further argued actually deceased was highly sensitive and short
tempered lady and, therefore, very often on minor matrimonial issues she
used to create scene and, therefore, very often dispute arose between
husband and wife and their matrimonial relationship was not cordial and
earlier when matrimonial dispute arose between husband and wife then
mater travelled upto to local police and before the police on 11.7.2025 a
compromise was executed between deceased and applicant which has
been annexed at page 63 of the paper book and this compromise clearly
suggests deceased used to quarrel in her matrimonial home and she
admitted this fact and even assured that in future she will peacefully live
along with the applicant but unfortunately deceased could not change
herself and again started quarrel with the applicant and his family
members and when one day applicant in frustration severely scolded her
then she in rash and anger committed suicide by hanging but after her
death on the basis of false allegation her brother lodged F.I.R. of the
present case.

5. He further submits, post mortem report of the deceased also suggests
she died due to hanging and apart from the ligature mark she did not
BAIL No. 14154 of 2026
2

sustain any other injury and even her hyoid bone was found intact and,
therefore, prima facie, it appears to be a case of suicidal death.

6. He further submits, applicant is not having any criminal history and in
the present matter he is in jail since 18.10.2025 i.e. for last more than 6-
1/2 months.

7. Per contra, learned AGA, however, opposed the prayer for bail but
could not dispute the argument on facts advanced by learned counsel for
applicant.

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

9. However, applicant is husband of the deceased and his wife died in her
matrimonial home under abnormal circumstances within 2-1/2 years of
her marriage and there is also allegation of torture for demand of Rs.
50,000/-, but post mortem report suggests deceased died due to hanging
and apart from the ligature mark she did not sustain any other injury and
even her hyod bone was found intact and, therefore, prima facie, it
appears to be a case of suicidal death.

10. Further, as per applicant deceased was short tempered lady and she
used to quarrel in her matrimonial home and only due to her nature, on
minor matrimonial issue, she committed suicide by hanging and to
demonstrate the truth of his defence, along with the instant bail
application applicant also annexed a compromise dated 11.07.2025
executed between the applicant and the deceased. This compromise has
not been controverted by learned A.G.A. From the compromise it reflects
deceased admitted his mistake and stated that in future she will peacefully
live along with the applicant in her matrimonial home and will not make
any quarrel.

11. Considering the compromise dated 11.07.2025 executed between the
applicant and deceased, the reasons of suicide disclosed by the applicant
in the instant bail application can not be completed brushed aside at this
stage.

12. This Court is of the view that in case of dowry death where, prima
facie, it appears deceased committed suicide if either husband or his
family member discloses probable reason of suicide committed by her
then their bail application should not be withheld.

13. Further, applicant is not having any criminal history and in the present
matter he is in jail since 18.10.2025 i.e. for last 6-1/2 months.

14. Further law is settled bail is a rule while jail is an exception and bail
should not be dismissed either for preventive or punitive purpose.
BAIL No. 14154 of 2026
3

15. Therefore, considering the facts and circumstances of the case
discussed above, in my view, applicant is entitled to be released on bail.

16. Accordingly, without expressing any opinion on the merits of the
case, the instant bail application is allowed.

17. Let the applicant -Sunil 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 the court concerned with the following
conditions:-

(i) The applicant shall appear before the trial court on the dates fixed,
unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer
or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social
activity.

18. In case of breach of any of the above condition, the prosecution will
be at liberty to move an application before this Court for cancellation of
the bail of the applicant.

19. 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.

(Sameer Jain,J.)
May 7, 2026
Kumar Manish

Digitally signed by :-
MANISH TRIPATHI
High Court of Judicature at Allahabad

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