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Allahabad High Court

SHIVAM CHATURJIversusSTATE OF U.P.

Decided

Holding

The bail application is allowed; the applicant is released on bail subject to conditions.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for Shivam Chaturji, who was arrested in a dowry‑related case (Criminal Case No. 91 of 2026) involving alleged harassment and a 30% burn injury to the victim. The applicant claimed innocence, asserting that the dispute was matrimonial in nature and that the injury was not life‑threatening, and highlighted his clean record and the delay in trial. The State opposed bail, citing the dowry demand allegation and the injury. After reviewing the FIR, medical report, and the circumstances, the court, without expressing a view on the merits, found the case suitable for bail. Accordingly, the court ordered the release of the applicant on a personal bond of Rs. 50,000 with two sureties, subject to strict conditions, and clarified that the order does not prejudice the trial.

Issues considered

  • Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving alleged dowry harassment and non‑life‑threatening injuries.
  • Whether the applicant's clean criminal record and the alleged matrimonial nature of the dispute justify bail despite the seriousness of the allegations.

Legislation cited

Subjects

  • bail
  • dowry harassment
  • criminal procedure
  • Section 483
  • Bharatiya Nagarik Suraksha Sanhita
  • Dowry Prohibition Act
  • injury
  • matrimonial dispute

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

     CRIMINAL MISC. BAIL APPLICATION No. - 14935 of 2026

Shivam Chaturji
                                                              .....Applicant(s)
                                   Versus
State of U.P.
                                                                  .....Opposite
                                                                        Party(s)

Counsel for Applicant(s)                    :   Harish Chandra Mishra
Counsel for Opposite Party(s)               :   G.A.

Court No. - 69
                HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Shri Harish Chandra Mishra, learned counsel for the applicant, and
Shri O.P. Singh learned AGA for the State-respondents and perused the
record.

2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a prayer
to release him on bail in Case Crime No.91 of 2026, under Sections 109(1),
85 BNS and Section 3/4 of D.P.Act, registered at Police Station Prem Nagar,
District Jhansi, during pendency of the trial.

3. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that the present dispute is a
matrimonial dispute, which has been given the colour of criminality. It is
further submitted that the victim/ injured has suffered burn injuries during
the course of cooking and he has been falsely implicated in this case. It is
further submitted that victim / injured has suffered 30% of burn injuries on
her person, which has not been found to be dangerous to life. It is further
submitted that the applicant is languishing in jail since 06.03.2026 and the
applicant is having no criminal history, undertakes that he will not misuse
the liberty, if granted. It has also been pointed out that in the wake of heavy
pendency of cases in the Court, there is no likelihood of any early conclusion
of trial.

4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant.

5. As per first information report, the applicant used to demand dowry from
the victim / injured and harassed the victim in connection with the said
                                                                                               BAIL No. 14935 of 2026
                                                                     2

                                    dowry demand. As per medico legal report, the victim / injured has suffered
                                    30% of burn injuries on her person, which has not been found to be
                                    dangerous to life. It is further submitted that the applicant is languishing in
                                    jail since 06.03.2026 and the applicant is having no criminal history

                                    6. Upon considering the totality of facts, nature and the evidence reflected
                                    from record and without expressing any opinion on merits of the case, I find
                                    it to be a fit case for bail. Hence, the present bail application is allowed.

                                    7. Let the applicant- Shivam Chaturji involved in the aforesaid case crime
                                    shall be released on bail on his furnishing a personal bond of Rs. 50,000/-
                                    with two sureties each in the like amount to the satisfaction of the Court
                                    concerned :-

                                    (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 not pressurize/intimidate the prosecution witnesses.

                                    (iii) The applicant shall remain present, in person, before the trial court on
                                    the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
                                    recording of statement under Section 351 of B.N.S.S.

                                    (iv) The applicant shall file an undertaking to the effect that he shall not seek
                                    any adjournment on the dates fixed for evidence when the witnesses are
                                    present in the trial court.

                                    (v) The applicant shall remain present before the trial court on each date
                                    fixed, either personally or through his counsel.

                                    8. In case of breach of any of the above conditions, it shall be a ground for
                                    cancellation of bail.

                                    9. It is clarified that anything said in this order is limited to the purpose of
                                    determination of this bail application and will in no way be construed as an
                                    expression on the merits of the case. The trial court shall be absolutely free
                                    to arrive at its independent conclusions on the basis of evidence led
                                    unaffected by anything said in this order.

                                    May 18, 2026
                                    RKM
                                                                                       (Jitendra Kumar Sinha,J.)




Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad


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