Allahabad High Court
ANKUR SHUKLAversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The court held that the applicant is entitled to bail pending trial.
Summary
The Allahabad High Court considered the bail application of Ankur Shukla, accused in Crime No.151 of 2025 for the death of his wife. The applicant contended that the death was a suicide, citing a post‑mortem report showing hanging, an intact hyoid bone, and the hostile, non‑supportive testimony of the deceased’s parents. The prosecution was unable to dispute these factual submissions. The court noted the applicant’s clean criminal record and the fact that he had already been in custody for more than seven months. Applying Sections 115(2), 85 and 80(2) of the Criminal Procedure Code and Sections 3 and 4 of the D.P. Act, the court held that bail was appropriate. Accordingly, bail was granted on personal bond and two sureties, subject to standard conditions.
Issues considered
- Whether bail should be granted to the accused in a case where the death of the alleged victim is alleged to be a suicide.
- Whether the post‑mortem findings and hostile witness statements create reasonable doubt sufficient to justify bail.
- Whether the accused’s lack of prior criminal record and period of pre‑trial detention warrant bail under Sections 115(2), 85 and 80(2) of the CrPC.
- Application of Sections 3 and 4 of the D.P. Act in the context of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 115(2), 80(2), 85
- D.P. Act — s. 3, 4
Subjects
- bail
- suicide
- post‑mortem report
- hostile witness
- Criminal Procedure Code
- Section 115(2)
- Section 85
- Section 80(2)
- D.P. Act
- presumption of innocence
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15136 of 2026
Ankur Shukla
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ramesh Chandra Pal
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Heard Sri Sacchidanand Tiwari, learned Advocate holding brief of Sri
Ramesh Chandra Pal, learned counsel for the applicant and Sri Imran Khan,
learned AGA for the State.
2. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 151 of 2025, under Sections 115(2), 85, 80(2)
BNS and Section 3/4 D.P. Act, Police Station Kampil, District Farrukhabad
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 submits, actually applicant was doing job in another State and
behind him issue of stomach pain was developed to deceased and due to this
reason she became highly disturbed and she was also highly sensitive lady
too therefore only due to this reason she committed suicide.
5. He further submits, even during trial informant of the case i.e. father of
the deceased in his cross examination admitted the above fact. He further
submits, during trial when mother of the deceased was examined as PW-2
then she even in her examination-in-chief did not support the prosecution
case and has been declared hostile and statements of these witnesses
recorded before the trial court have been annexed along with instant bail
application.
6. He further submits, post mortem report also suggests that deceased died
due to hanging and apart from the ligature mark she did not sustain any other
BAIL No. 15136 of 2026
2
injury and her hyoid bone was also found intact and therefore prima facie it
appears to be a case of suicidal death.
7. He further submits, applicant is not having any criminal history and in the
present matter he is in jail since 14.09.2025 i.e. for last more than seven
months.
8. Per contra, learned AGA opposed the prayer for bail but could not dispute
the argument on facts advanced by learned counsel for the 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 within
seven months of her marriage under abnormal circumstances in her
matrimonial home and there was also allegation of torture for demand of Rs.
1 lakh and motorcycle but it appears, during trial mother of the deceased did
not support the prosecution case and have been declared hostile. Further,
even it appears, the informant of the case i.e. father of the deceased also did
not support the prosecution case in his cross examination before the trial
court.
11. Further, even post mortem report suggests that deceased died due to
hanging and apart from the ligature mark she did not sustain any injury and
her hyoid bone was found intact, therefore, prima facie it appears to be a
case of suicidal death and considering the statements of parents of the
deceased recorded before the trial court, the reason of suicide disclosed by
learned counsel for applicant during the course of argument also cannot be
completely ruled out at this stage.
12. Further, applicant is not having any criminal history and in the present
matter he is in jail since 14.09.2025 i.e. for last more than seven months.
13. Further, law is settled that unless proven guilty an accused is deemed to
be innocent and bail application should not be dismissed either for punitive
or preventive purpose.
14. Therefore, considering the facts and circumstances of the case discussed
above, in my view, applicant is entitled to be released on bail.
15. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
16. Let the applicant - Ankur Shukla be released on bail in the aforesaid
BAIL No. 15136 of 2026
3
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.
17. 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.
18. 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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