Allahabad High Court

SATISH YADAVversusSTATE OF U.P.

Decided: 6 May 2026
Bench: SAMEER JAIN

Holding

The applicant is entitled to be released on bail.

Summary

Satish Yadav, husband of a woman who died under suspicious circumstances, applied for bail in a criminal case (Crime No.174 of 2025) alleging that his wife committed suicide by ingesting aluminium phosphide. The applicant argued that the post‑mortem viscera report and the hostile statements of the deceased’s parents support the suicide theory, and that he has no prior criminal record and has been in custody for over nine months. The State opposed bail but did not dispute the factual contentions. The court examined the possibility of suicide, the lack of injuries on the body, the parents’ statements, and the applicant’s clean record, concluding that bail is a rule and jail an exception. Accordingly, the court granted bail on personal bond with conditions, without expressing any view on the merits of the murder charge.

Issues considered

Whether the circumstances indicating a possible suicide justify granting bail to the accused husband.
Whether the applicant's lack of criminal history and prolonged pre‑trial detention warrant bail under Sections 80(2) and 85 of the B.N.S. Act and Sections 3/4 of the D.P. Act.
Whether the bail provisions apply despite the serious nature of the alleged offence.

Legislation cited

B.N.S. Act — s. 80(2), 85
D.P. Act — s. 3, 4

Subjects

bail
suicide
dowry dispute
post‑mortem
presumption of innocence
pre‑trial detention
Criminal Procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14328 of 2026

Satish Yadav
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Brajesh Nath Rai, Rajeev Upadhyay
Counsel for Opposite Party(s) : G.A.

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

1. Heard Sri Rahul Mishra, learned Senior Counsel assisted by Sri Brijesh
Nath Rai, learned counse for the applicant and Sri Shatrughan Yadav,
learned AGA for the State.

2. The instant bail application has been filed seeking release of the
applicant on bail in Case Crime No.174 of 2025, under Sections 80(2), 85
B.N.S. and Section 3/4 D.P. Act, Police Station Ajnar, District-Mahoba,
during pendency of the trial.

3. Learned counsel for the applicant submits,applicant is, however,
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 lady and on
some matrimonial issues she used to became hyper and on the date of
incident she insisted the applicant to accompany her on Raksha Bandhan
festival but applicant denied and thereafter in rash she committed suicide
by consuming poisonous substance (salfas).

5. He further argued, however, in the post mortem report the cause of
death of the deceased could not be ascertained and her viscera was
preserved but now viscera report has been received and it has been filed
along with the instant bail application and according to it, she died due to
consumption of Aluminium Phasphide and, therefore, even viscera report
of the deceased supports the defence taken by the applicant that deceased
actually committed suicide by consuming salfas.

6. He further argued, even during trial informant of the case i.e. father of
the deceased and her mother did not support the prosecution case and they
have been declared hostile and their statements recorded before the trial
court have been annexed along with the instant bail application.
BAIL No. 14328 of 2026
2

7. He further argued, applicant is not having any criminal history and in
the present matter he is in jail since 4.8.2025 i.e. for last more than nine
months.
8. Per contra, learned AGA, however, opposed the prayer for bail but
could not dispute the argument on facts advanced by learned counsel for
applicant.

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

10. However, applicant is husband of the deceased and his wife died
under abnormal circumstances in her matrimonial home within 1-1/2
years of her marriage and there was also allegation of torture for demand
of dowry but it reflects that father of the deceased i.e. informant and even
her mother during trial did not support the prosecution case and they have
been declared hostile and even according to them deceased committed
suicide by consuming poisonous substance.

11. Further, however, during post mortem the cause of death of the
deceased could not be ascertained and her viscera was preserved but now
viscera report has been received and according to it she died due to
consumption of aluminium phasphide.

12. Considering the viscera report and the statements of the parents of the
deceased recorded before the trial court, possibility of suicide committed
by deceased, at this stage, cannot be ruled out specially considering the
fact that autopsy surgeon did not note any injury on the body of the
deceased during post mortem.

13. Further, considering the overall facts and circumstances of the case
including the statements of the parents of the deceased recorded before
the trial court the defence taken by the applicant in the instant bail
application with regard to the suicide committed by the deceased also
cannot be completely brushed aside.

14. Further, applicant is not having any criminal history and in the present
matter he is in jail since 4.8.2025 i.e. for last more than nine months.

15.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.

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

17. Accordingly, without expressing any opinion on the merits of the
case, the instant bail application is allowed.
BAIL No. 14328 of 2026
3

18. Let the applicant -Satish Yadav 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.

19. 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.

20. 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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