Allahabad High Court
AVADH BIHARI @ BANDHUversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to bail.
Summary
The applicant, Avadh Bihari, father‑in‑law of a woman who died by suicide, was charged under Sections 80(2) and 85 of the Evidence Act and Sections 3 and 4 of the Dowry Prohibition Act. He contended that he was falsely implicated, that there was no material showing cruelty or dowry demand before the death, and that he had no criminal record. The State opposed bail but did not dispute the factual background. The Court, noting the lack of substantive evidence, the applicant’s clean record, the presumption of innocence, and the need to decongest prisons, relied on recent Supreme Court precedents to grant bail with standard conditions. The bail order was issued, directing verification of sureties and electronic transmission of the order.
Issues considered
- Whether the applicant is entitled to bail despite being charged under the Dowry Prohibition Act and Evidence Act provisions.
- Whether the presumption of dowry death applies in the present facts.
- Whether the applicant’s alleged lack of involvement and clean record justify bail.
Legislation cited
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Evidence Act, 1872 — s. 80(2), 85
Subjects
- bail
- dowry death
- presumption of dowry death
- suicide
- criminal procedure
- overcrowded prisons
- evidence act
- dowry prohibition act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31526 of 2026
Avadh Bihari @ Bandhu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohammad Zafar Yab Khan, Shahroze
Khan
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Mohammad Zafar Yab Khan, learned counsel for the
applicant, Sri DPS Chauhan, 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 in Case Crime No. 86 of 2026, under Section-80
(2), 85 BNS and Section 3/4 D.P. Act Police Station-Shohratgarh,
District-Siddharth Nagar, during the pendency of the trial.
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 charge sheet has been
filed by the police, therefore, there is no requirement for custodial
interrogation. The applicant has no criminal history and he is
BAIL No. 31526 of 2026
2
languishing in jail since 25.05.2026. 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 and keeping in view
the nature of offence, evidence, complicity of the 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- Avadh Bihari @ Bandhu, 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
BAIL No. 31526 of 2026
3
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 and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.
10. 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.
11. 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.
12. Office is directed to send a copy of this order to the applicant
through Siddharth Nagar, 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 8, 2026
S.C.
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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