Allahabad High Court

MANISHversusSTATE OF U.P.

Decided: 5 May 2026
Bench: SAMEER JAIN

Holding

The applicant is entitled to be released on bail.

Summary

Manish, the husband of a woman who died after ingesting aluminium phosphide, was charged under Sections 85, 80(2), 115(2), 352 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. He contended that the death was a suicide arising from matrimonial discord, that he had no prior criminal record, and that he promptly admitted his wife to hospital. The State opposed bail but did not dispute the factual contentions. The Court observed that the circumstances suggested a possible suicide, that the applicant had cooperated with authorities, and that the presence of a plausible defence against a dowry‑death allegation warranted bail. Consequently, the Court granted bail subject to personal bond, sureties and standard conditions.

Issues considered

Whether bail should be granted when the death appears to be a suicide but there are allegations of dowry death under the Dowry Prohibition Act.
Whether the applicant's lack of prior criminal record and the existence of matrimonial discord constitute sufficient grounds for bail.
Whether the applicant's conduct of admitting the deceased to hospital influences the bail decision.

Legislation cited

Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 115(2), 352, 80(2), 85

Subjects

bail
dowry death
suicide
IPC
Dowry Prohibition Act
matrimonial discord
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15371 of 2026

Manish
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Pankaj Bharti
Counsel for Opposite Party(s) : G.A.

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

1. Heard Sri Pankaj Bharti, learned counsel for the applicant and Sri
Kunwar Tejendra 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.339 of 2025, under Sections 85, 80(2),
115(2), 352 BNS and Section 3/4 D.P. Act, Police Station Jhinjhana,
District Shamli, during pendency of the trial.

3. Learned counsel for the applicant submits, however, applicant is
husband of deceased but on the basis of false allegation he has been made
accused in the present matter.

4. He further argued, actually after marriage deceased did not perform her
matrimonial duties and her disputes very often arose with the applicant
and his family members and due to this reason there was matrimonial
discord and due to matrimonial discord she consumed poisonous
substance.

5. He next submits, after the unfortunate incident of consumption of
poisonous substance, applicant immediately rushed the deceased to the
hospital but after three days, unfortunately, she died.

6. He next submits, the fact that applicant admitted the deceased in the
hospital is even evident from the information sent by hospital to the police
station after the death of the deceased which has been annexed at page 21
of the paper book.

7. He further argued, the fact that there were matrimonial discord due to
the reason that deceased did not perform her matrimonial duties is even
evident from the statements of prosecution witnesses Arti and Virendra
recorded during investigation, which have been annexed along with the
instant bail application.
BAIL No. 15371 of 2026
2

8. He further argued, even as per the viscera report which is now on
record deceased died due to consumption of aluminium phosphide,
therefore, prima facie it appears to be a case of suicidal death.

9. He further argued, applicant is not having any previous criminal history
and in the present matter, he is in jail since 17.07.2025 i.e. for almost last
ten months.

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

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

12. However, applicant is husband of deceased and his wife died within 3-
1/2 year of her marriage under abnormal circumstances due to
consumption of aluminium phosphide and there is also allegation of
torture for demand of Rs. 15 lac but considering the fact that the deceased
died due to consumption of aluminium phosphide possibility of suicide
committed by her at this stage cannot be ruled out.

13. Further, as per applicant it is not a case of dowry death and as
deceased did not perform her matrimonial duties, therefore, dispute arose
between husband and wife and only due to this reason she consumed
poisonous substance and died. The defence taken by the applicant also
finds support from the statements of independent witnesses recorded
during investigation in which they categorically stated that there was
matrimonial discord due to reason that deceased could not perform her
matrimonial duties. In view of this Court if either husband or his family
members have come with probable defence, then in case of dowry death
where prima facie it appears to be a case of suicide, their bail application
should not be withhold.

14. Further, even record suggests immediately after the alleged incident of
consumption of poisonous substance applicant himself admitted the
deceased in the hospital where, unfortunately, she died and this fact even
shows the bona fide on the part of the applicant.

15. Further, applicant is not having any other criminal history and in the
present matter he is in jail since 17.7.2025 i.e. for last for almost ten
months.

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. 15371 of 2026
3

18. Let the applicant -Manish 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 6, 2026
Kumar Manish

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

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