Allahabad High Court
BABLU KHANversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to bail and the bail application is allowed.
Summary
The High Court considered a bail application filed by Bablu Khan, the father‑in‑law of a woman who died by suicide after a domestic dispute. He was charged under Sections 85, 80(2), 123, 115(2) of the Indian Penal Code, and sections 3 and 4 of the D.P. Act in connection with a alleged dowry‑related offence. The applicant contended that he was falsely implicated, that there was no material showing cruelty or dowry demand, and that he had no prior criminal record, having been in custody since 21‑07‑2026. The State opposed bail but did not dispute the factual background. Relying on Supreme Court precedents (Kapil Wadhawan v CBI, Maya Tiwari v U.P.) and the Court’s own guidelines on bail, the judge held that bail should be granted without commenting on the merits. Accordingly, the applicant was released on bail subject to a personal bond, sureties and several conditions.
Issues considered
- Whether the applicant, despite being charged under serious IPC provisions, is entitled to bail pending trial.
- Whether the presumption of dowry death applies in the absence of material showing cruelty or demand.
- Whether the applicant’s lack of criminal history and the overcrowding of jails justify bail.
Legislation cited
- D.P. Act — s. 3, 4
- Indian Penal Code — s. 115(2), 123, 80(2), 85
Subjects
- bail
- dowry death
- presumption of dowry death
- IPC sections
- overcrowded jails
- criminal procedure
- Supreme Court guidelines
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32459 of 2026
Bablu Khan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Arshid Husain, Azaz Ahmad
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Azaz Ahmad, learned counsel for the applicant, Sri D.P.S.
Chauhan, learned A.G.A. 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. 387 of 2026, under
Sections 85, 80(2), 123, 115(2) BNS and 3/4 D.P. Act, Police Station-Vijay
Nagar, District- Ghaziabad.
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. The applicant has no criminal history
and he is languishing in jail since 21.07.2026. 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. for the State opposed the prayer for bail but
could not dispute the aforesaid fact.
BAIL No. 32459 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- Bablu Khan 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. 32459 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
Ghaziabad 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 30, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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