Allahabad High Court
ALTAFversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The Court held that the applicant is entitled to bail.
Summary
Altaf, the husband of a woman who died by hanging, was accused under Sections 80 and 85 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act for alleged dowry‑related torture. The applicant contended that the death was a suicide, supported by a post‑mortem report showing no injuries other than a ligature mark and an intact hyoid bone, and that the mother‑in‑law, the informant, turned hostile. He also highlighted his clean criminal record and the fact that he had been in custody for over a year. The State opposed bail but did not dispute the factual contentions. The Court, noting the prima facie evidence of suicide, the lack of supporting testimony from the informant, and the principle of presumption of innocence, granted bail with conditions.
Issues considered
- Whether bail should be granted to an accused under Sections 80, 85 IPC and Sections 3, 4 Dowry Prohibition Act when the death appears to be a suicide.
- Whether the hostile stance of the informant and the post‑mortem findings affect the bail decision.
- Whether the accused's clean criminal record and prolonged pre‑trial detention justify bail.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 80, 85
Subjects
- bail
- dowry death
- suicide
- presumption of innocence
- post‑mortem report
- hostile witness
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15477 of 2026
Altaf
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Tiwari, Adya Prasad Pandey,
Alok Kumar Pandey, Arvind Kumar
Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Heard Sri Abhishek Tiwari, learned counsel for the applicant and Dr. S.B.
Maurya, learned AGA-I for the State.
2. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 29 of 2025, under Sections 80, 85 BNS and
Section 3/4 D.P. Act, Police Station Ankur Vihar, District Ghaziabad 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 deceased was highly sensitive lady and she
was short tampered too, therefore, she always used to create scene in her
matrimonial home, therefore, there was matrimonial discord between
husband and wife and husband used to scold her and only due to her nature
on the date of incident on minor issue some dispute arose between husband
and wife and thereafter she committed suicide by hanging and after her death
informant lodged FIR of the present case on the basis of false allegation of
torture with regard to demand of dowry.
5. He further submits, even post mortem report suggests that deceased died
due to hanging and apart from the ligature mark she was not having any
other injury on her body and even her Hyoid bone was found intact,
therefore, prima facie it appears to be a case of suicidal death.
BAIL No. 15477 of 2026
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6. He further submits, even during trial mother of the deceased i.e. informant
of the case did not support the prosecution case and has been declared
hostile and even according to informant deceased was short tampered lady
and statement of informant recorded before the trial court has been annexed
along with instant bail application.
7. He further submits, applicant is not having any criminal history and in the
present matte he is in jail since 24.01.2025 i.e. for last more than a year.
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
one and half years of her marriage under abnormal circumstances in her
matrimonial home and there was also allegation of torture for demand of Rs.
2 lakhs but it reflects, during trial informant of the case i.e. mother of the
deceased did not support the prosecution case and has been declared hostile.
11. Further, post mortem report suggests that deceased died due to hanging
and apart from the ligature mark she 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.
12. Further, from the statement of informant i.e. mother of the deceased
recorded before the trial court it reflects, even according to her deceased was
short tampered lady and considering this fact, the defence taken by the
applicant in the instant bail application with regard to suicidal death of the
deceased cannot be ruled out at this stage.
13. Further, applicant is not having any criminal history and in the present
matte he is in jail since 24.01.2025 i.e. for last more than a year.
14. 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.
15. Therefore, considering the facts and circumstances of the case discussed
above, in my view, applicant is entitled to be released on bail.
16. Accordingly, without expressing any opinion on the merits of the case,
BAIL No. 15477 of 2026
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the instant bail application is allowed.
17. Let the applicant - Altaf 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.
18. 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.
19. 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 7, 2026
AK Pandey
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
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