Allahabad High Court
SURESHversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to bail.
Summary
The Allahabad High Court considered a bail application filed by Suresh, the father‑in‑law of a woman who allegedly committed suicide, in a case registered under Sections 85 and 80(2) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. The applicant contended that he was falsely implicated, that there was no material showing he harassed the deceased for dowry, and that he had no prior criminal record. The State opposed bail but could not dispute the factual background. Referring to Supreme Court precedents (Kapil Wadhawan vs CBI, Maya Tiwari vs U.P., Policy Strategy for Grant of Bail, Pila Pahan vs Jharkhand) and considering jail overcrowding, the Court held that the applicant was entitled to bail. Consequently, bail was granted subject to a personal bond, two sureties and specific conditions, and procedural steps for his release were ordered.
Issues considered
- Whether the presumption of dowry death under the Dowry Prohibition Act applies to the father‑in‑law of the deceased.
- Whether bail should be granted in view of the nature of the offence, lack of incriminating material, the applicant’s clean record, and the circumstances of jail overcrowding.
Legislation cited
Subjects
- bail
- dowry death
- presumption
- B.N.S. Sections 85, 80(2)
- Dowry Prohibition Act Sections 3,4
- jail overcrowding
- Supreme Court precedent
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29851 of 2026
Suresh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sudarshan Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Sudarshan Singh, learned counsel for the applicant, Ms. Mayuri
Mehrotra, learned State Law Officer for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the
applicant on bail during the trial in Case Crime No.27 of 2026, under
Sections 85, 80(2) B.N.S. and 3/4 D.P. Act, P.S.- Sirauli, District- Bareilly.
3. Contention of learned counsel for the applicant is that the applicant is
father-in-law of the deceased, who committed suicide by consuming
poisonous substance after a petty dispute over household issues. The
applicant has been falsely implicated merely being father-in-law of the
deceased, though there is no sufficient material against him to show that he
harassed the deceased for non- fulfillment of demand of dowry prior to
death. The applicant has been falsely implicated by making general and
vague allegations along with other family members. It is further submitted
that for invoking presumption of dowry death in case of death under
unnatural circumstances within 7 years of marriage, there must be sufficient
material to show that the deceased was subjected to cruelty soon before the
death, but there is no such material. It is lastly submitted that investigation is
going. The applicant has no criminal history and he is languishing in jail
since 01.03.2026. In case, he is granted bail, he will not misuse the liberty of
bail and would cooperate in the trial proceedings.
4. On the other hand, learned State Law Officer for the State opposed the
prayer for bail but could not dispute the aforesaid fact.
BAIL No. 29851 of 2026
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5. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties and keeping in view the nature of offence,
evidence, complicity of accused (father-in-law) and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC Online SC 3038 as well as guideline of this Court in
the case of Maya Tiwari vs State of U.P. reported in 2024 SCC Online All
6765 regarding grant of bail 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 present application is allowed.
6. Let the applicant- Suresh 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
verified by the court concerned before the bonds are accepted.
9. Verification of mobile number as well as Aadhaar Card of the applicant
and sureties should also be conducted by the court concerned.
10. It is made clear that the applicant shall be released on the basis of
BAIL No. 29851 of 2026
3
downloaded copy of this order 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.
11. It is 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.
12. Office is directed to send a copy of this order to the applicant through
Bareilly Jail Superintendent via e-mail or e-prison portal and Trial Court
via e-mode within 24 hours in compliance of the orders 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 in the case of 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.
13. Application, if any, stands disposed of.
September 23, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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