Allahabad High Court
HITESH RAOversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Hitesh Rao, husband of a woman who had committed suicide, in a dowry‑death case (Crime No. 483 of 2025) under Sections 80(2) and 85 of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. While the deceased’s parents and siblings initially supported the prosecution’s claim of dowry harassment, they turned hostile during trial and testified that no dowry demand was made and that the deceased had pressured the husband to separate from his family. The court noted the absence of any material incriminating the applicant, his clean record, and the filing of the charge‑sheet, concluding that custodial interrogation was unnecessary. Weighing the hostile witness statements, the nature of the offence and the lack of substantive evidence, the court held that the applicant was entitled to bail. Accordingly, bail was granted with a personal bond, two sureties and conditions prohibiting tampering with evidence, further criminal activity, and mandating cooperation with the trial.
Issues considered
- Whether the applicant Hitesh Rao is entitled to bail in a dowry‑death case despite the seriousness of the offence.
- Whether the hostile testimony of prosecution witnesses and lack of material evidence justify granting bail.
Legislation cited
- B.N.S. — s. 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- hostile witness
- Section 80
- Section 85
- Dowry Prohibition Act
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16270 of 2026
Hitesh Rao
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjay Vikram Singh
Counsel for Opposite Party(s) : G.A., Kumud Kumar, Nitin Sharma
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Vivek Kumar Singh, Advocate, holding brief of Sri Sanjay
Vikram Singh, counsel for the applicant, Sri Dipankar Tripathi, Advocate,
holding brief of Sri Nitin Sharma, counsel for the first informant, Sri Anand
Pratap Singh, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail during trial in Case Crime No. 483 of 2025, under Sections
80(2), 85 of B.N.S and Section 3/4 Dowry Prohibition Act, P.S. Baksha,
District-Jaunpur.
3. Counsel for the applicant submitted that the applicant is husband of the
deceased. It is further submitted that during investigation, father, mother,
brother and sister of the deceased supported the prosecution story regarding
harassment for non-fulfillment of demand of dowry. However, during trial,
father, mother, brother and sister of the deceased, who were examined as
P.W.-1 to 4 did not support the prosecution story and P.W.-1 to 3 were
declared hostile by the trial court. It is further submitted that during trial the
prosecution witnesses clearly stated that the applicant never demanded any
dowry from the deceased or harassed her for non-fulfillment of demand of
dowry. They also submitted that the deceased was short-tempered lady and
she was pressuring the applicant to live separately from his family and when
the applicant refused to do so then the deceased committed suicide. It is
further submitted that as on date there is no material against the applicant. It
is further submitted that the applicant has no criminal history. It is further
submitted that charge sheet has been filed in the present case, therefore,
BAIL No. 16270 of 2026
2
there is no requirement of custodial interrogation. The applicant is a law
abiding citizen and he is languishing in jail since 13.12.2025. In case, he is
granted bail, he will not misuse the liberty of bail and would cooperate in the
trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but
could not dispute the aforesaid facts.
5. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties; taking into account the statement of the
prosecution witnesses (P.W.-1 to 4) and also taking into account that P.W.-1
to 3 have been declared hostile by the trial and keeping in view the nature of
offence, evidence, complicity of accused and without expressing any opinion
on the merits of the case, I am of the opinion that the applicant is entitled to
be enlarged on bail. Accordingly, the bail application is allowed.
6. Let the applicant- Hitesh Rao involved in the aforementioned crime be
released on bail, on his 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 not directly or indirectly make any 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 to any police officer
or tamper with the evidence.
ii. The applicant shall cooperate in the trial/investigation sincerely without
seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or commission of
any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the bond
executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be
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verified by the court concerned before the bonds are accepted.
9. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official website
of High Court Allahabad and verified by the concerned counsel with the
undertaking that the certified copy will be filed within 15 days.
10. It is further directed that the trial court shall send the release order to the
concerned jail through Bail Order Management System (BOMS) to ensure
early release of the applicant.
11. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or on e-prison portal and Trial
Court via e-mode within 24 hours in compliance of the order of the Apex
Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu
Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024)
10 SCC 685 as well as Pila Pahan @ Peela Pahan and others Vs. State of
Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025,
decided on 29.05.2026.
(Arun Kumar Singh Deshwal,J.)
September 18, 2026
CS/-
Digitally signed by :-
CHANDAN SINGH
High Court of Judicature at Allahabad
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