Allahabad High Court
PANKAJversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The court held that the applicant is entitled to bail pending trial.
Summary
The applicant, Pankaj, sought bail in a dowry‑related murder case (Crime No. 540 of 2024) alleging that his wife’s death was a suicide precipitated by depression after the loss of their two children. The FIR, filed by the deceased’s father, accused Pankaj of torturing his wife to demand a motorcycle and Rs. 72,000, invoking Sections 80(2), 85 of the Evidence Act and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution could not refute the applicant’s claim that the post‑mortem report showed a hanging with no injuries to the hyoid bone, suggesting a prima facie suicide. The court noted the applicant’s clean criminal record and the principle that an accused is presumed innocent until proven guilty. Consequently, the court granted bail with standard conditions, without expressing any view on the merits of the underlying dowry‑death allegation.
Issues considered
- What is the appropriate bail disposition when the alleged dowry death appears prima facie to be a suicide?
- Whether the presence of Sections 80(2), 85 of the Evidence Act and Sections 3/4 of the Dowry Prohibition Act necessitates denial of bail.
- Whether the applicant’s lack of prior criminal history and prolonged pre‑trial detention affect bail eligibility.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Evidence Act, 1872 — s. 80(2), 85
Subjects
- bail
- dowry death
- suicide
- Indian Evidence Act
- Dowry Prohibition Act
- presumption of innocence
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15537 of 2026
Pankaj
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Jay Singh Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Heard Sri Jay Singh Yadav, 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. 540 of 2024, under Sections 80(2), 85 BNS and
Section 3/4 D.P. Act, Police Station Bisauli, District Budaun 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, marriage of the applicant was solemnized with the
deceased in July, 2022 and after marriage with their wedlock however two
children were born one female child and one male child but unfortunately
both died and this fact is even evident from the statement of informant
recorded during investigation which has been annexed along with instant
bail application. He further submits, only due to above reason deceased after
the death of her children went under depression and in spite of best efforts of
the applicant she could not recover from the shock and ultimately she
committed suicide by hanging.
5. He further submits, after her death on the basis of false allegation of
torture and demand of dowry informant i.e. her father lodged FIR of the
present case.
6. He further submits, even post mortem report suggests that deceased died
BAIL No. 15537 of 2026
2
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.
7. He further submits, applicant is not having any criminal history and in the
present matte he is in jail since 03.02.2025 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
three years of her marriage under abnormal circumstances in her
matrimonial home and there is also allegation of torture for demand of
motorcycle and Rs. 72,000/- but 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 also found intact, therefore prima facie it
appears to be a case of suicidal death.
11. Further, it appears, however, with the wedlock of applicant and deceased
two children were born one female child and another male child but
unfortunately both had died and therefore defence taken by the applicant in
the instant bail application that due to the death of her children deceased was
under depression and committed suicide cannot be completely brushed aside
at this stage.
12. In view of this Court if defence taken by either the husband or his family
members in case of dowry death where prima facie it appears deceased
committed suicide appears to be probable then their bail application can be
considered.
13. Further, applicant is not having any criminal history and in the present
matte he is in jail since 03.02.2025 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.
BAIL No. 15537 of 2026
3
16. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
17. Let the applicant - Pankaj 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
Checking your session…