Allahabad High Court
BHAGWAT NISHADversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The court held that the applicant is entitled to be released on bail.
Summary
The applicant, Bhagwat Nishad, father‑in‑law of a deceased woman, was arrested under IPC Sections 85, 80(2), 108 and Sections 3 and 4 of the Dowry Prohibition Act. The deceased was found hanged and the post‑mortem report indicated no injury to the hyoid bone, suggesting a possible suicide. The mother‑in‑law of the deceased had earlier been released on bail, and the applicant argued that his case was similar and that there were no specific allegations against him. The court noted the lack of a criminal record, the six‑year duration of the marriage reducing the likelihood of dowry‑related torture, and the prima facie evidence of suicide. Considering these factors, the court held that the applicant was entitled to bail, subject to a personal bond, sureties and standard conditions.
Issues considered
- Whether bail should be granted to the accused father‑in‑law under IPC Sections 85, 80(2), 108 and the Dowry Prohibition Act given the circumstances of the case.
- Whether the similarity of the applicant's situation to that of the co‑accused mother‑in‑law, who was granted bail, warrants the same relief.
- Whether the absence of a criminal history and the post‑mortem indication of suicide affect the bail decision.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 108, 80(2), 85
Subjects
- bail
- dowry death
- suicide
- Indian Penal Code
- Dowry Prohibition Act
- criminal history
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15126 of 2026
Bhagwat Nishad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amrita Kashyap
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Heard Ms. Amrita Kashyap, learned counsel for the applicant and Sri
Kunwar Tejandra Bahadur, learned AGA for the State.
2. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 177 of 2025, under Sections 85, 80(2), 108 BNS
and Section 3/4 D.P. Act, Police Station Chaurakhas, District Kushinagar
during pendency of the trial.
3. Learned counsel for the applicant submits, applicant is father-in-law of the
deceased and on the basis of false allegation he has been made accused in
the present matter along with others including mother-in-law of the deceased
Gomti and co-accused Gomti has been released on bail by this Court vide
order dated 27.04.2026 passed in Criminal Misc. Bail Application No. 13753
of 2026 and as far as allegations are concerned, the case of applicant is at par
with her.
4. She further submits, even post mortem report suggests that deceased died
due to hanging and her hyoid bone was found intact and apart from the
ligature mark deceased did not sustain any injury, therefore, prima facie it
appears to be a case of suicidal death and it appears, some dispute arose
between husband and wife and thereafter she committed suicide and after
her death only being father-in-law applicant has also been made accused in
the present matter.
5. She next submits, even deceased died after six years of her marriage and
this fact again shows that actually it is not a case of dowry death as it is hard
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2
to believe that after six years of her marriage in-laws of the deceased would
torture her for demand of dowry.
6. She further submits, there is no specific allegation against applicant and
he is not having any criminal history and in the present matter he is in jail
since 31.12.2025.
7. Per contra, learned AGA opposed the prayer for bail but could not dispute
the argument on facts advanced by learned counsel for the applicant.
8. I have heard learned counsel for the parties and perused the record of the
case.
9. However, daughter-in-law of the applicant died within seven years of her
marriage under abnormal circumstances in her matrimonial home and there
is also allegation of torture for demand of dowry but applicant is father-in-
law of the deceased and there is no specific allegation against him and even
bail application of mother-in-law of the deceased after considering entire
facts of the case has been allowed and as far as allegations are concerned,
the case of applicant is at par with her.
10. Further, even post mortem report suggests that deceased died due to
hanging and apart from the ligature mark deceased did not sustain any injury
and even her hyoid bone was found intact, therefore, prima facie it appears
to be a case of suicidal death. Considering the fact that applicant is father-in-
law of the deceased, the reason of suicide disclosed by learned counsel for
applicant during the course of argument cannot be ruled out at this stage.
11. Further, applicant is not having any criminal history and in the present
matter he is in jail since 31.12.2025.
12. Therefore, considering the facts and circumstances of the case discussed
above, in my view, applicant is entitled to be released on bail.
13. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
14. Let the applicant - Bhagwat Nishad 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
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3
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.
15. 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.
16. 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.
May 5, 2026
AK Pandey
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
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